Deakin v Commissioner for Fair Trading & Commissioner of Police

In the matter of Deakin v Commissioner for Fair Trading & Commissioner of Police, the court was presented with a dispute regarding the refusal to grant a tattooist's licence to the applicant. The applicant sought to challenge the decision of the Commissioner for Fair Trading and the Commissioner of Police, who had determined that they were not a fit and proper person to hold such a licence. The case was heard in the Civil Division of the Supreme Court of New South Wales.

The central legal issue before the court was whether the decision by the Commissioner for Fair Trading and the Commissioner of Police to refuse the tattooist's licence to the applicant was lawful and reasonable. Specifically, the court needed to consider whether the refusal was based on proper grounds and whether the decision-makers had acted within their statutory powers. Additionally, the court had to determine if the applicant met the criteria of being a fit and proper person to hold a tattooist's licence.

The court found that the decision to refuse the licence was not supported by proper grounds. The evidence provided by the Commissioner for Fair Trading and the Commissioner of Police did not substantiate the claim that the applicant was not a fit and proper person to hold a tattooist's licence. The court highlighted that the decision-makers had failed to consider relevant evidence and had relied on speculative and unsubstantiated allegations. As a result, the court set aside the decision to refuse the licence and directed that the licence be granted to the applicant. The court's ruling emphasised the importance of decision-makers adhering to proper procedures and ensuring that their decisions are based on sufficient and relevant evidence.