NSW Caselaw
CITATION: Pevara Pty Ltd trading as Sophies Restaurant [2009] NSWADT 300
DIVISION: General Division
APPLICANT Pevara Pty Ltd trading as Sophies Restaurant PARTIES: RESPONDENT NSW Food Authority
FILE NUMBER: 093123
HEARING DATES: On the papers
SUBMISSIONS CLOSED: 23 October 2009
DATE OF DECISION: 2 December 2009
BEFORE: Molony P - Judicial Member
CATCHWORDS: Review a decision under the Food Act 2003
Food Act 2003 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Interpretation Act 1987
Tringas v Quach (RLD) [2007] NSWADTAP 35 CASES CITED: Cheung v Administrative Decisions Tribunal [2000] NSWSC 1062 LZ v Office of the Protective Commissioner (GD) [2008] NSWADTAP 50
APPLICANT P Walsh, solicitor REPRESENTATION: RESPONDENT D Muddle, solicitor
ORDERS: 1. I find that the application for review was made within time and that requirement for internal review in s 55(1)(b) of the Administrative Decisions Tribunal Act 1997 does not apply. The Tribunal therefore has jurisdiction to determine the appeal 2. This matter is to be listed for directions before me at a time and date to be fixed.
REASONS FOR DECISION
1 Pevara Pty Ltd operates a restaurant in New South Wales. Following the issue of a Penalty Notice by the local Council for a breach of the Food Act 2003 (the FA), details of the notice were published on the internet on the Authority's Register of Information about Penalty Notices. The restaurant was thereby 'named and shamed.'
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