Tender Center Pty Ltd v Department of Fair Trading [2001] NSWSC 153

New South Wales Supreme Court

CITATION : Tender Center Pty Ltd v Department of Fair Trading [2001] NSWSC 153 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 3790 of 2000 HEARING DATE(S) : 23 February 2001 JUDGMENT DATE : 14 March 2001

PARTIES : Tender Center Pty Limited (Plaintiff) The Director-General of the Department of Fair Trading (Defendant) JUDGMENT OF : Windeyer J at 1

COUNSEL : Mr M J Steele (Plaintiff) Mr P Lakatos (Defendant) SOLICITORS : Rummerys (Plaintiff) D I Catt (Defendant) CATCHWORDS : STATUTES - INTERPRETATION - Pawnbrokers and Second-Hand Dealers Act - meaning of "auction" where not defined - does it include sale by tender - ordinary meaning does not - definition in other Acts does - purpose of other Acts not sufficiently similar to this Act to import definition Auction Sales Act 1958 (Vic) Auction Sales Act 1973 (WA) Auctioneers and Agents Act 1941 Auctioneers and Agents (Amendment) Act 1992 s3(1) Auctioneer and Agents Act 1971 (Qld) Auctioneers Act 1996 (Northern Territory) LEGISLATION CITED : Auctioneers Licensing Act 1898 s3 Auctioneers, Stock and Station and Real Estate and Business Agents Act 1941, Income Assessment Act 1936 Pawnbrokers Act 1902 Pawnbrokers and Second-hand Dealers Act 1996 s4(b), s4(1), s4(2)(b) s7, s21(1), Pawnbrokers and Second-hand Dealers Regulation 1997 Cl 19(1) Property Stock and Business Agents Act 1941 Second-hand Dealers and Collectors Act 1906 s2 Sch 2 Cl(d) Halsbury's Laws of England 4th Ed Vol 2 para 901 Harvela Limited v Royal Trust Co of Canada (CI) Ltd [1986] 1 AC 207 CASES CITED : ICIANZ Limited v Commissioner of Taxation (Cth) (1972) 46 ALJR 35 Lennon v Gibson & Hawes Limited [1919] AC 709 R v Taylor [1824] M'cle [362], 148 ER 151 Walker v Advocate-General [1813] 1 Dow 111, [1813] 3 ER 640 DECISION : See paragraph 22