Boon v Park Avenue Nominees Pty Ltd [2001] NSWFTT 1

Fair Trading Tribunal New South Wales

CITATION: Boon v Park Avenue Nominees Pty Ltd [2001] NSWFTT 1 DIVISION: Commercial Division PARTIES: APPLICANT: Ms Boon on behalf of Mr Weir RESPONDENT: Park Avenue Nominees Pty Ltd FILE NUMBER: CM 2000/1464 HEARING DATES: 31/01/2001 SUBMISSIONS CLOSED: 11/13/2000 DATE OF DECISION: 01/31/2001

BEFORE: PH Molony Senior Member Consumer Credit (New South Wales) Act 1995 LEGISLATION CITED : Consumer Credit (New South Wales) Code Fair Trading Tribunal Act 1998 Deputy Commissioner of Taxation v Comcorp Australia Ltd and Ors (1996) 848FCA1 CASES CITED: Project Blue Sky v Australian Broadcasting Authority (1998) HCA28 Linkenholt Pty Ltd v Quirk (2000) v SC166 State Bank v Sullivan (1999) NSWSC596 CATCHWORDS: Consumer credit matter - Consumer Credit Code - loan contract and related mortgage - declaration - substantial compliance - relevant purpose - transfer of proceedings to the Supreme Court is refused - Jurisdiction Transfer of proceedings to the Supreme Court MATTER FOR DECISION: Jurisdiction Transfer of proceedings to the Supreme Court REPRESENTATION: APPLICANT: Mr Batley and Ms McMullin, Solicitors, Legal Aid Commision. RESPONDENT: Mr Russell, Barrister, instructed by Mr Boyce, Solicitor. 1. The Tribunal has jurisdiction in this matter. ORDERS: 2. The Application to transfer the matter to the Supreme Court is refused. 3. The matter is listed for further directions by telephone at 9.30am on Monday 12 February 2001.