NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: El Ali v Beaini Enterprises Pty Ltd [2023] NSWSC 329 Hearing dates: 02 February 2023 Date of orders: 05 April 2023 Decision date: 05 April 2023 Jurisdiction: Common Law - Administrative Law Before: Weinstein J Decision: (1) Leave to appeal pursuant to s 83(1) of the Civil and Administrative Tribunal Act 2013 is refused. (2) The Further Amended Summons filed on 2 February 2023 is dismissed. (3) The first plaintiff is to pay the defendants' costs. Catchwords: ADMINISTRATIVE LAW – judicial review - appeal from NCAT Appeal Panel – whether there was a denial of procedural fairness – whether there was an opportunity to be heard Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Corporations Act 2001 (Cth) Residential Tenancies Act 2010 (NSW) Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Carolan v AMF Bowling Club Pty Ltd t/a Bennetts Green Bowl [1995] NSWCA 69 Coulton v Holcombe (1986) 162 CLR 1 Jaycar Pty Limited v Lombardo [2011] NSWCA 284 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1 John Maiolo t/a M&N Peninsular Kitchens & Joinery v Chiarelli [2017] NSWSC 982 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 MZAPC v Minister for Immigration and Border Protection (2021) 95 ALJR 441 Nathanson v Minister for Home Affairs (2022) 403 ALR 398 Soulis v R & A Henry Auto Repairs Pty Limited [2023] NSWCA 50 Star Training Academy Pty Ltd v Commissioner of Police (NSW) [2023] NSWSC 153 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362 White City Tennis Club Ltd v John Alexander's Clubs Pty Ltd (2009) 261 ALR 86 Category: Principal judgment Parties: Alan El Ali (First Plaintiff) Yates Holdings Victoria Pty Limited (Second Plaintiff) Beaini Enterprises Pty Ltd (First Defendant) Beaini Corp Pty Ltd (Second Defendant) Representation: Counsel: First Plaintiff: G Farland and P Lin Second Plaintiff: No appearance First and Second Defendants: J Horowitz
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