Alexander and Hassan Pty Ltd v Director General, Department of Fair Trading

Alexander and Hassan Pty Ltd, the applicant, sought to challenge the decision of the Director General, Department of Fair Trading, who had imposed a condition on their business licence. The condition was that Eralp Hassan, also known as Erald Cimen Hassan, was not to take part in the day-to-day operations and/or administration of the business. The dispute was heard by the Supreme Court of New South Wales. The applicant argued that the condition was unjust and unreasonable, and that it would significantly hinder their business operations.

The legal issues before the court were whether the Director General had the authority to impose such a condition, and if the condition was fair and reasonable. The applicant contended that the Director General had exceeded their statutory powers and that the condition was disproportionate to the alleged misconduct. The Director General, on the other hand, maintained that the condition was within their statutory powers and was necessary to protect the public interest.

The court found that the Director General did have the authority to impose the condition, but that the condition was unreasonable and disproportionate. The court held that the Director General had not provided sufficient evidence to justify the condition, and that the condition would significantly impair the applicant's ability to conduct their business. The court also found that the condition was not necessary to protect the public interest. As a result, the court set aside the condition imposed by the Director General.