NSW Caselaw
CITATION: Dwyer v Department of Services, Technology and Administration and Kmart Australia Limited NSWADT 312 [2010] NSWADT 312
DIVISION: General Division
APPLICANT Shop Distributive and Allied Employees Association (First Applicant) Gerard Dwyer (Second Applicant) PARTIES:
RESPONDENT Department of Services, Technology and Administration (First Respondent) Kmart Australia Limited (Second Respondent)
FILE NUMBER: 103310
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 - exceptional circumstances – public interest
Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Shop Trading Act 2008 Retail Trading Act 2008
Commissioner of Police for New South Wales v Industrial Relations Commission of New South Wales & Raymond Sewell (2009) 185 IR 458; [2009] NSWCA 198 CASES CITED: Kellogg Brown & Root Pty Ltd & Ors v Esso Australia Ltd PR955357 139 IR 34 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290
APPLICANT I Latham (First and Second Applicants) REPRESENTATION: RESPONDENT M Nagy (First Respondent) M Seck (Second Respondent)
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