NSW Caselaw
CITATION: Shop Distributive and Allied Employees Association v Department of Services, Technology and Administration and Coles Supermarkets Australia Pty Ltd [2010] NSWADT 313
DIVISION: General Division
APPLICANT Shop Distributive and Allied Employees Association (Applicant) PARTIES: RESPONDENT Department of Services, Technology and Administration (First Respondent) Coles Supermarkets Australia Pty Ltd (Second Respondent)
FILE NUMBER: 103309
HEARING DATES: 17 December 2010
EXTEMPORE DECISION DATE: 17 December 2010 BEFORE: Montgomery S - Judicial Member
CATCHWORDS: Shop Trading Act – approval for Boxing Day trading - whether applicant has standing
Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Shop Trading Act 2008 Retail Trading Act 2008
Carr v Finance Corp of Australia Ltd (1982) 150 CLR 139 Fisher v Hebburn Ltd (1960) 105 CLR 188 CASES CITED: Geraldton Building Co Pty Ltd v May (1977) 136 CLR 379 John Pfeiffer Pty Ltd v Rogerson (2000) 203 CLR 503 Marwell v Murphy (1957) 96 CLR 261 Victrawl Pty Ltd v Telstra Corporation Limited (1995) 183 CLR 595
APPLICANT I Latham (Applicant) REPRESENTATION: RESPONDENT M Nagy (First Respondent) M Seck (Second Respondent)
ORDERS: The application is dismissed on the basis that the Applicant does not have standing to prosecute the matter.
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