Trust Company of Australia Limited (trading as Stockland Property Management) v Skiwing Pty Ltd (trading as Café Tiffany’s) [2006] NSWCA 185

Reported Decision : 66 NSWLR 77 (2006) ATPR 42-126

New South Wales Court of Appeal

CITATION: Trust Company of Australia Limited (trading as Stockland Property Management) v Skiwing Pty Ltd (trading as Café Tiffany's) [2006] NSWCA 185

HEARING DATE(S): 22 June 2006

JUDGMENT DATE: 13 July 2006

JUDGMENT OF: Spigelman CJ at 1; Hodgson JA at 79; Bryson JA at 84

DECISION: 1 That the appeal be allowed; 2 That Order 3 of the Appeal Panel be set aside, and in lieu therefore the Respondent's appeal to the Appeal Panel from the Tribunal's decision that it had no jurisdiction to hear the claims under the Trade Practices Act, be dismissed; 3 That Order 4 of the Appeal Panel be set aside, and in lieu thereof the Respondent's appeal to the Appeal Panel from the Tribunal's decision dismissing the claim under s34 of the Retail Leases Act, be dismissed; 4 That the Respondent pay the Appellant's costs of the appeal.

CATCHWORDS: CONSTITUTIONAL LAW – COMMONWEALTH – Judicial power of the Commonwealth – Investiture in courts of the States – Whether federal jurisdiction can be vested in the Administrative Decisions Tribunal – Whether Administrative Decisions Tribunal a court of the State – Court must be composed of judges – Commonwealth Constitution, s 77(iii) - TRADE PRACTICES – Practice and Procedure – Whether Administrative Decisions Tribunal has power to determine claims under the Trade Practices Act 1974 (Cth) – Whether Administrative Decisions Tribunal a court of the State – Whether federal jurisdiction can be vested in Administrative Decisions Tribunal – Commonwealth Constitution, s 77(iii) – Trade Practices Act 1974 (Cth), s 86(2) - WORDS & PHRASES - "court", "court of a State"

Administrative Decisions Tribunal Act 1997, ss 12, 13, 14, 15, 16, 17, 19, 20, 21, 25, 28, 34, 37, 38, 64, 67, 82, 82A, 83, 84, 88, 90, 119, 131, 137, 143; Sch 2 Pt 3B cll 1, 2, 3; Sch 3 cll 2, 8 Commonwealth Consitution, ss 51(xxiv), 71, 72, 73, 76, 77(iii), 75(v), 79, 80 LEGISLATION CITED: Judiciary Act 1903 (Cth), s 39(2) Retail Leases Act 1994, ss 34, 71, 72, 76, 76A, 77B Trade Practices Act 1974 (Cth), ss 52, 86(2)