Cavalry Investments Pty Ltd and Minister for Revenue and Financial Services

Case

[2018] AATA 3433

12 September 2018


Details
AGLC Case Decision Date
Cavalry Investments Pty Ltd and Minister for Revenue and Financial Services [2018] AATA 3433 [2018] AATA 3433 12 September 2018

CaseChat Overview and Summary

Cavalry Investments Pty Ltd and the Minister for Revenue and Financial Services were parties to a dispute concerning the registration of a proposed business name. The matter came before Deputy President Bernard McCabe of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the proposed business name was undesirable for registration under the relevant legislative scheme, and consequently, whether the Minister's discretion should be exercised to grant registration. A key consideration was whether the business name was likely to cause offence.

Deputy President McCabe affirmed the decisions under review, finding that the implications of the business name registration legislative scheme supported the refusal of registration. The reasoning focused on the potential for the name to be considered undesirable, thereby precluding its registration.
Details

Areas of Law

  • Administrative Law

  • Statutory Interpretation

  • Commercial Law

Legal Concepts

  • Judicial Review

  • Statutory Construction

  • Standing

  • Remedies

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