NSW Caselaw
New South Wales Supreme Court
CITATION : Hofman v Optus & Anor [2003] NSWSC 164 HEARING DATE(S) : 5 February 2003 JUDGMENT DATE : 18 March 2003 JURISDICTION: Common Law - Administrative Law List JUDGMENT OF : Master Harrison DECISION : (1) The amended summons filed 20 February 2002 is dismissed; (2) The plaintiff is to pay the first defendant's costs as agreed or assessed.
CATCHWORDS : Appeal decision of FTT: prerogative relief - procedural fairness Fair Trading Tribunal Act 1998 LEGISLATION CITED : Consumer, Trader and Tenancy Troibunal Act 2001 Fairt Trading Regulations 1999 Judicial Review of Administrative Act 2nd ed 180-181 IRC v National Federation of Self-employed & Small Businesses Ltd 1982 AC 617 CASES CITED : Annetts v McCann (1990) 170 CLR 596 [65 ALJR 167; 97 ALR 177] Kioa v West (1985) 159 CLR 550 Kearns & Anor v Fair Trading Tribunal of NSW & Anor [2001] NSWSC 951 PARTIES : Fair Trading Tribunal (Third defendant) FILE NUMBER(S) : SC 30002/2002 COUNSEL : Mr Ian Pike (First Defendant) Ms D G Hofman (Plaintiff in person)
Mr Andrew Hill of SOLICITORS : Baker & McKenzie (First Defendant)
FTT (Submitting Appearance)
LOWER COURT FTT JURISDICTION : LOWER COURT 99/72438 FILE NUMBER(S) : LOWER COURT Tribunal Member Ms Paull JUDICIAL OFFICER :
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IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
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