Lu v Commissioner for Fair Trading [2017] NSWCATAD 83

Lu v Commissioner for Fair Trading [2017] NSWCATAD 83

The Tribunal refused to exercise its discretion to stay or otherwise affect the refusal decision because Mr Lu has never held a tattoo operator's licence and granting a stay would amount to issuing a temporary licence, for which the Tribunal determined it had no power in these circumstances.

Jurisdiction
Australia
Judgment Date
22 March 2017
Procedural Posture
Application for Stay in Administrative Review / Interlocutory Decision
Outcome
Application for stay refused.
Legal Topics
['stay of Decision' "tattoo Operator's Licence" 'tribunal Discretionary Powers' 'transitional Licensing Provisions']
['administrative Law'] ['stay of Decision' "tattoo Operator's Licence" 'tribunal Discretionary Powers' 'transitional Licensing Provisions']

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Procedural Posture

Application for Stay in Administrative Review / Interlocutory Decision

Legal Issues

  1. 1 ['Whether the Tribunal can stay or otherwise affect the operation of a decision where the applicant has never held the relevant licence' "Whether circumstances justify making an order to stay or otherwise affect the refusal of a tattoo operator's licence"]

Ratio Decidendi

The Tribunal refused to exercise its discretion to stay or otherwise affect the refusal decision because Mr Lu has never held a tattoo operator's licence and granting a stay would amount to issuing a temporary licence, for which the Tribunal determined it had no power in these circumstances.

Court Disposition

Application for stay refused.

Orders

  • ["The application for a stay of the decision to refuse to grant Mr Lu a tattoo operator's licence is refused."]