Smith v Trust Company of Australia Ltd (RLD) [2007] NSWADTAP 18

Appeal Panel - Internal

CITATION: Smith v Trust Company of Australia Ltd (RLD) [2007] NSWADTAP 18

APPELLANT PARTIES: Jennifer Therese Smith t/as Flames Grill & Carvery RESPONDENT Trust Company of Australia Limited

FILE NUMBER: 069067

HEARING DATES: 21 February 2007

SUBMISSIONS CLOSED: 23 March 2007

DATE OF DECISION: 13 April 2007

BEFORE: Chesterman M - ADCJ (Deputy President); Fox R - Judicial Member; Weule B - Non Judicial Member

CATCHWORDS: leave to extend to the merits

MATTER FOR DECISION: Principal matter

FILE NUMBER UNDER APPEAL: 065052

DATE OF DECISION UNDER APPEAL: 10/04/2006

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997

CASES CITED: Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Lloyd v Veterinary Surgeons Investigating Committee [2005] NSWCA 456

APPELLANT In person REPRESENTATION: RESPONDENT J Ratanatray, barrister

ORDERS: 1. Leave is granted for the appeal to extend to the merits of the decision of the Tribunal dated 4 October 2006.; 2. That decision of the Tribunal is set aside.; 3. The matter is to be heard by the Tribunal on a date or dates to be fixed at a directions hearing of the Tribunal, which is listed for 12 noon on 19 April 2007.; 4. The Appellant is to pay the Respondent's costs, assessed on a party/party basis, of appearing at the hearing of the Tribunal on 4 October 2006 and of this appeal.