Commissioner for Fair Trading, Office of Fair Trading v The Australian Wine Consumers Co-Operative Society Limited (GD) [2007] NSWADTAP 14

Appeal Panel - Internal

CITATION: Commissioner for Fair Trading, Office of Fair Trading v The Australian Wine Consumers Co-Operative Society Limited (GD) [2007] NSWADTAP 14

APPELLANT PARTIES: Commissioner for Fair Trading, Office of Fair Trading RESPONDENT The Australian Wine Consumers Co-Operative Society Limited

FILE NUMBER: 059068

HEARING DATES: 29 January 2007

SUBMISSIONS CLOSED: 29 January 2007

DATE OF DECISION: 14 March 2007

BEFORE: O'Connor K - DCJ (President); Fitzgerald K - Judicial Member; Blake C - Non Judicial Member

CATCHWORDS: statutory interpretation

MATTER FOR DECISION: Principal matter

FILE NUMBER UNDER APPEAL: 053047 and 053048

DATE OF DECISION UNDER APPEAL: 10/05/2005

Administrative Decisions Tribunal Act 1997 Atomic Energy Act 1953 (Cth) Co-Operation Act 1923 Co-operatives Act 1992 Corporations Act 2001 (Cth) LEGISLATION CITED : Fair Trading Act 1987 Freedom of Information Act 1989 Insurance and Superannuation Commissioner Act 1987 (Cth) Ombudsman Act 1974 Taxation Administration Act 1996 Workplace Injury Management and Workers Compensation Act 1998

The Australian Wine Consumers Co-Operative Society Limited v Commissioner for Fair Trading [2005] NSWADT 224 Law Society of New South Wales v General Manager, WorkCover Authority of New South Wales (No 2) [2005] NSWADTAP 33 General Manager, WorkCover Authority of NSW v Law Society of NSW (2006) 65 NSWLR 502, [2006] NSWCA 84 Perpetual Executors and Trustees Association of Australia Ltd v Federal Commissioner of Taxation [1948] HCA 24; (1948) 77 CLR 1 Smith, Ferguson, Forti, Grimshaw & Coburn v R [1994] HCA 60; (1994) 181 CLR 338 CASES CITED: Attorney-General (Cth) v Breckler (1999) 197 CLR 83 Signorotto v Nicholson [1982] VR 413 Commissioner of Police v NSW District Court (Perrin's case) (1993) 31 NSWLR 606 The News Corporation v National Companies and Securities Commission (1984) 1 FCR 64, (1984) 8 ACLR 593 McKinnon v Secretary, Department of Treasury (2006) 229 ALR 187, [2006] HCA 45 St Vincent Welch v Casino Control Authority [2001] NSWADT 89 University of New South Wales v McGuirk [2006] NSWSC 1362