World Best Holdings Limited v Abul Sarker [2004] NSWSC 1164

New South Wales Supreme Court

CITATION : World Best Holdings Limited v Abul Sarker [2004] NSWSC 1164 revised - 15/12/2004 24/11/04 HEARING DATE(S) : 25/11/04 26/11/04 JUDGMENT DATE : 3 December 2004

JUDGMENT OF : Acting Justice Patten DECISION : 1. Order that the decision of the Tribunal published on 25 June 2004 be set aside.; 2. Order that the case be remitted to the Tribunal to be heard and decided again by a Tribunal constituted according to law in accordance with these reasons. ; 3. Order that the First Defendant, Mr Abdul Sarker, pay the Plaintiff's costs.; 4. Order that there be granted to Mr Sarker an indemnity certificate, pursuant to section 6 of the Suitors Fund Act.; 5. Make no order in respect of the costs of the Second and Third Defendants.; 6. Order that the costs of the first hearing before the Tribunal be at the discretion of the member constituting the Tribunal at the second hearing.; 7. Liberty to all parties to apply on 7 days notice.

Retail Leases Act 1994 (NSW) Administrative Decisions Tribunal Act 1997 (NSW) LEGISLATION CITED : Interpretation Act 1987 (NSW) Suitors Fund Act 1951 Supreme Court Act 1970 Tax Agent's Board of Queensland v Seymour 94 ALR 635 R v Munroe (2003) 56 NSWLR 652 at 656 - 658 CASES CITED : Meagher v Stephenson (1993) 30 NSWLR 736 Drake v The Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 G J Coles & Co Limited v Retail Trade Industrial Tribunal (1986) 7 NSWLR 503) Attorney General (Vic) v Warehouse Group (Aust) Pty Ltd (2002) VSCA 76 World Best Holding Limited - Plaintiff Abul Sarker - First Defendant PARTIES : Administrative Decisions Tribunal - Second Defendant Attorney General (NSW) - Third Defendant