Pinnacle Homes (NSW) P/L v Zekusic & Anor [2001] NSWSC 515

New South Wales Supreme Court

CITATION : Pinnacle Homes (NSW) P/L v Zekusic & Anor [2001] NSWSC 515 CURRENT JURISDICTION: Administration Law FILE NUMBER(S) : SC 30079/2000 HEARING DATE(S) : 15 June 2001 JUDGMENT DATE : 22 June 2001

Pinnacle Homes (NSW) Pty Limited (Plaintiff)

Mark Zekusic and PARTIES : Vanessa Zekusic (First Defendants)

Fair Trading Tribunal (Second Defendant) JUDGMENT OF : Master Harrison

LOWER COURT Fair Trading Tribunal JURISDICTION : LOWER COURT BU 1999/92 FILE NUMBER(S) : LOWER COURT Tribunal Member Christine Paull JUDICIAL OFFICER :

Mr P A Fury (Paintiff)

COUNSEL : Mr R W Seton (First Defendants)

Submitting Appearance (Second Defendant) Coudert Brothers (Plaintiff)

SOLICITORS : Colin Daley Quinn (First Defendants)

Crown Solicitor (Second Defendant) CATCHWORDS : Appeal decision of Fair Trading Tribunal LEGISLATION CITED : Fair Trading Act 1998 Fair Trading Tribunal Act CASES CITED : Devries v Australian National Railways Commission (1993) 177 CLR 472 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in Liq) (1999) 160 ALR 588 DECISION : (1) The plaintiff's time to appeal is extended up to and including 26 October 2000; (2) The decision of the Tribunal members dated 13 April 2001 and 28 September 2000 are affirmed; (3) The appeals are dismissed; (4) The further amended summons filed 18 January 2001 is dismissed; (5) The plaintiff is to pay the defendants' costs.