NSW Caselaw
New South Wales Supreme Court
CITATION : McCloy v Fair Trading Tribunal [2001] NSWSC 71 CURRENT JURISDICTION: Common Law Administrative Law List FILE NUMBER(S) : SC 30047 of 2000 HEARING DATE(S) : 21 February 2001 JUDGMENT DATE : 21 February 2001
D F McCloy Pty Limited (Plaintiff) PARTIES : v The Fair Trading Tribunal (First Defendant) Advance Flooring Co Pty Ltd (Second Defendant) JUDGMENT OF : Master Malpass
LOWER COURT Fair Trading Tribunal JURISDICTION : LOWER COURT CM 1999/7561 FILE NUMBER(S) : LOWER COURT K Ross JUDICIAL OFFICER :
S Higgins (Plaintiff) COUNSEL : N/A (First Defendant) Mr G J Gemmell (Second Defendant) Paul Hines (Plaintiff) SOLICITORS : I V Knight - Crown Solicitor - Submitting Appearance (First Defendant) Ciaglia Legal (Second Defendant) CATCHWORDS : Relief or remedy sought pursuant to s 60 (3) on ground of want of jurisdiction - jurisdiction of the Tribunal to determine the matter not disputed - no jurisdiction to grant the relief or remedy sought by the plaintiff - discretionary consideration - commercial use as tourist, holiday or overnight accommodation. LEGISLATION CITED : Fair Trading Tribunal Act 1988, s 60, s 63. CASES CITED : N/A DECISION : See paragraph 20.
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
MASTER MALPASS
WEDNESDAY, 21 FEBRUARY 2001
30047/00 - D.F. McCLOY PTY LIMITED v THE FAIR TRADING TRIBUNAL & ANOR
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