Park v Minister Fair Trading

The case of *Park v Minister for Fair Trading* concerned an appeal to the High Court of Australia by Mr. Park against a decision of the Supreme Court of New South Wales. The dispute arose from an application made by Mr. Park to the NSW Civil and Administrative Tribunal (NCAT) for a licence to carry on the business of a real estate agent. NCAT refused to grant the licence, a decision that was subsequently upheld by the Supreme Court of New South Wales.

The central legal issue before the High Court was whether the Minister for Fair Trading, in exercising the power to refuse a licence under the *Property, Stock and Business Agents Act 2002* (NSW), was required to provide reasons for that refusal. Specifically, the court had to consider the scope and application of section 47(2) of the *Administrative Decisions (Judicial Review) Act 1977* (Cth) in the context of a state administrative decision.

Gleeson CJ and Gummow J, in their joint judgment, held that section 47(2) of the *Administrative Decisions (Judicial Review) Act 1977* (Cth) did not impose an obligation on the Minister to provide reasons for the refusal of a licence in this instance. Their Honours reasoned that the Act, being Commonwealth legislation, did not apply to the decision of a state Minister made under state legislation unless there was a clear indication of such an intention. They found that the refusal of the licence by the Minister was a decision made under state law, and the *Administrative Decisions (Judicial Review) Act 1977* (Cth) did not extend to compel reasons for such a decision.

The appeal was dismissed.