Hurt v Director-General, Department of Fair Trading

The case of Hurt v Director-General, Department of Fair Trading involved the applicant, Hurt, contesting the decision of the Director-General of the Department of Fair Trading to revoke a licence granted under the Shop Trading Act 1987 (NSW). The dispute centered on the basis that the revocation was flawed and not supported by proper evidence. The case was heard in the Land and Environment Court of New South Wales.

The central legal issue for the court to determine was whether the Director-General's decision to revoke the shop trading licence was legally sound. Specifically, the court had to assess whether the decision was made in accordance with the relevant statutory provisions and whether the Director-General had acted without bias or error. The applicant argued that the Director-General had not properly considered the evidence and had failed to provide reasons for the revocation that were both rational and relevant.

In its judgement, the court examined the Director-General's decision-making process and the evidence available. The court found that the Director-General had followed the statutory requirements and had made the decision based on sufficient evidence. The reasons provided for the revocation were deemed rational and relevant, and the court concluded that the Director-General had not acted with bias or made an error in law. As a result, the application to set aside the revocation was dismissed. Additionally, the court dismissed the respondent's application for costs.