Dimitrijevich and Commissioner for Fair Trading (NSW)

The Supreme Court of New South Wales considered a dispute between Mr. Dimitrijevich and the Commissioner for Fair Trading (NSW) concerning the mutual recognition of occupational qualifications. The matter involved a decision under review, which the court ultimately set aside.

The central legal issue before the court was whether the Tribunal possessed the power to consider the equivalence of occupations or impose conditions on a licence when a declaration by Ministers had already been made under the *Mutual Recognition Act 1992* (Cth). The court was also required to determine whether the Commissioner had acted unreasonably in its previous decision, which would impact an application for costs.

The court reasoned that the Ministerial Declaration regarding the equivalence of gaming and other occupations was determinative. Consequently, the Commissioner was directed to give effect to this declaration. The court found that the Commissioner had not acted unreasonably, and therefore, the application for costs was declined. The decision under review was set aside and remitted to the Commissioner for reconsideration in accordance with the court's direction.