Storry v Business Licensing Authority (No 2) [2023] FCA 102

Storry v Business Licensing Authority (No 2) [2023] FCA 102

The appeal was dismissed because the unchallenged evidence showed the applicant's Queensland real estate agent licence had been cancelled on 18 March 2022. As she was no longer registered in Queensland in the equivalent occupation, the fundamental requirement for mutual recognition under s 20 of the Mutual Recognition Act 1922 (Cth) was missing. Any determination of the original merits would produce no foreseeable consequence or benefit for the parties, so proceeding would be futile and not an efficient or just use of Court time.

Jurisdiction
Australia
Judgment Date
16 February 2023
Procedural Posture
Appeal From Decision of the Administrative Appeals Tribunal / Determined on the Papers
Outcome
Appeal dismissed.
Legal Topics
['appeal From Administrative Appeals Tribunal' 'real Estate Licence Mutual Recognition' 'cancellation of Licence Due to Bankruptcy' 'futility and Mootness' 'federal Court Power Under S 23 of the Federal Court of Australia Act 1976 (cth)']
['administrative Law' 'practice and Procedure' 'mutual Recognition' 'occupational Licensing'] ['appeal From Administrative Appeals Tribunal' 'real Estate Licence Mutual Recognition' 'cancellation of Licence Due to Bankruptcy' 'futility and Mootness' 'federal Court Power Under S 23 of the Federal Court of Australia Act 1976 (cth)']

Case Brief

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Procedural Posture

Appeal From Decision of the Administrative Appeals Tribunal / Determined on the Papers

Legal Issues

  1. 1 ["Whether the appeal should proceed where the applicant's Queensland real estate agent licence, on which the application for mutual recognition was based, had been cancelled." 'Whether determining the appeal would be futile because there were no live issues between the parties and no foreseeable consequence or benefit from determination.' "Whether the applicant could be granted an estate agent's licence in Victoria under the Mutual Recognition Act 1922 (Cth) when she was no longer registered in an equivalent occupation in Queensland."]

Ratio Decidendi

The appeal was dismissed because the unchallenged evidence showed the applicant's Queensland real estate agent licence had been cancelled on 18 March 2022. As she was no longer registered in Queensland in the equivalent occupation, the fundamental requirement for mutual recognition under s 20 of the Mutual Recognition Act 1922 (Cth) was missing. Any determination of the original merits would produce no foreseeable consequence or benefit for the parties, so proceeding would be futile and not an efficient or just use of Court time.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' 'The parties are to file and serve submissions in relation to costs of no more than five (5) pages in length by 27 February 2023.']