TCC Recruitment Pty Ltd t/as Black Betty Hospitality Group v Alsimas Pty Ltd t/as The Arthouse Hotel [2024] NSWCATAP 41

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TCC Recruitment Pty Ltd t/as Black Betty Hospitality Group v Alsimas Pty Ltd t/as The Arthouse Hotel [2024] NSWCATAP 41 Hearing dates: 8 March 2024 Date of orders: 18 March 2024 Decision date: 18 March 2024 Jurisdiction: Appeal Panel Before: Balla ADCJ, Principal Member D A C Robertson, Senior Member Decision: 1. Leave to appeal is refused 2. The appeal is dismissed Catchwords: APPEALS - procedural fairness - questions of law concerning jurisdiction of the Tribunal – interpretation of Special Condition - decision of the Tribunal upheld. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 38 (5)(c), 50, 51, 80(2) Fair Trading Act 1987 (NSW) ss 79D, 79E, 79J Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Ghazal v Masterton Homes Pty Ltd [2018] NSWCATAP 227 HP Mercantile Pty Limited v Commissioner of Taxation [2005] FCAFC 126 Medical Council of New South Wales v Lee [2017] NSWCA 282 Mendonca v Legal Services Commissioner [2020] NSWCA 84 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: Nil Category: Principal judgment Parties: TCC Recruitment Pty Ltd t/as Black Betty Hospitality Group (Appellant) Alsimas Pty Ltd t/as The Arthouse Hotel (Respondent) Representation: D Ackman (Director) (Appellant) B McBeath (Director)(Respondent) File Number(s): 2024/00001315 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 07 December 2023 Before: S Corley, General Member File Number(s): 2023/00379628