Brisbane Loan Office P/L v The Commissioner for Fair Trading [2005] NSWSC 208

Reported Decision : 152 A Crim R 175

New South Wales Supreme Court

CITATION : Brisbane Loan Office P/L v The Commissioner for Fair Trading [2005] NSWSC 208

HEARING DATE(S) : 09/03/05

JUDGMENT DATE : 9 March 2005

JUDGMENT OF : James J at 1

DECISION : The plaintiff's claim for a final injunction is dismissed

CATCHWORDS : PRACTICE AND PROCEDURE - stay of proceedings - notice to show cause pursuant to s 34 of the Pawnbrokers and Second-hand Dealers Act 1996 ("the Act") - alleged breaches of the Act by plaintiff - criminal proceedings pending against an officer and an employee of the plaintiff for breaches of the Act - whether the Commissioner for Fair Trading should be restrained from acting on the notice to show cause until the criminal proceedings are finally determined - WORDS AND PHRASES - prosecuted

Companies Code (NSW) Crimes Act (NSW) Crimes Act 1914 (Commonwealth) LEGISLATION CITED : National Companies and Securities Commission (State Provisions) Act (NSW) Passports Act (Commonwealth) Pawnbrokers and Second-hand Dealers Act 1996 (NSW) Pawnbrokers and Second Hand Dealers Regulation 2003 (NSW)

Brown v Corporate Affairs Commission (NSW) (1989) 14 ACLR 781 CASES CITED : Dwyer v National Companies & Securities Commission (1988) 13 ACLR 716 Hammond v The Commonwealth of Australia (1982) 152 CLR 188

PARTIES : Brisband Loan Office Pty Limited v TheCommissioner for Fair Trading

FILE NUMBER(S) : SC 30098/04

N Perram - Plaintiff COUNSEL : Ms R Henderson - Defendant

Henry Davis York SOLICITORS : C Pacey - Legal Service Division