Storry v Business Licensing Authority (No 2)

FEDERAL COURT OF AUSTRALIA

Storry v Business Licensing Authority (No 2) [2023] FCA 102 

Appeal from:

Storry v Business Licensing Authority [2021] AATA 5329

File number:

QUD 343 of 2021

Judgment of:

THOMAS J

Date of judgment:

16 February 2023

Catchwords:

ADMINISTRATIVE LAW – appeal from decision of the Administrative Appeals Tribunal – applicant seeks mutual recognition of a real estate licence under the Mutual Recognition Act 1922  (Cth) – where real estate licence has since been cancelled due to the applicant’s bankruptcy

PRACTICE AND PROCEDURE – power of the Court under s 23 of the Federal Court of Australia Act 1976 (Cth) not to proceed with proceedings which involve issues no longer live as between the parties – whether proceeding with the appeal futile – no live issues as between parties – no foreseeable consequence or benefit for the parties in determining the issues – appeal dismissed

Legislation:

Administrative Appeals Tribunal Act 1975 (Cth)

Federal Court of Australia Act 1976 (Cth)

Mutual Recognition Act 1922 (Cth)

Federal Court Rules 2011 (Cth)

Agents Financial Administration Act 2014 (Qld)

Judicial Review Act 1991 (Qld)

Property Occupations Act 2014 (Qld)

Cases cited:

Andriotis and Building Practitioners Board [2017] AATA 378

Beitseen v Johnson (1989) 29 IR 336

Clone Pty Ltd v Players Pty Ltd (In Liquidation) (Receivers & Managers Appointed) (2018) 264 CLR 165; [2018] HCA 12

Ibarcena v Secretary, Department of Family and Community Services (2001) 33 AAR 76; [2001] FCA 453

Ilumba Pty Ltd v Malouf [2019] FCA 2095

Jardin v Metcash Ltd (2011) 214 IR 448; [2011] NSWCA 409

Storry v Business Licensing Authority [2021] AATA 5329

Storry v Weir [2022] FCA 362

Storry v Weir [2022] FCA 1484

Storry v Weir (No 2) [2022] FCA 1360

Division:

General Division

Registry:

Queensland

National Practice Area:

Administrative and Constitutional Law and Human Rights

Number of paragraphs:

69

Date of hearing:

Determined on the papers

Counsel for the Applicant:

The Applicant represented herself

Counsel for the First Respondent:

Dr M Sharpe

Solicitor for the Respondents:

Office of General Counsel - Consumer Affairs Victoria Legal

Counsel for the Second Respondent:

There was no appearance by the Second Respondent

ORDERS

QUD 343 of 2021

BETWEEN:

VENETIA LOUISE STORRY

Applicant

AND:

BUSINESS LICENSING AUTHORITY

First Respondent

OFFICE OF FAIR TRADING (VICTORIA)

Second Respondent

ORDER MADE BY:	THOMAS J
DATE OF ORDER:	16 FEBRUARY 2023

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The parties are to file and serve submissions in relation to costs of no more than five (5) pages in length by 27 February 2023.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

THOMAS J:

BACKGROUND

1. The following background is extracted from the decision of the Administrative Appeals Tribunal (Tribunal) dated 5 October 2021 (Storry v Business Licensing Authority [2021] AATA 5329).

2. Ms Venetia Louise Storry, the applicant, took over her late father’s real estate business, known as Anthony Storry Real Estate (ASRE