ATTORNEY GENERAL OF NEW SOUTH WALES v WORLD BEST HOLDINGS LIMITED & ORS [2005] NSWCA 261

Reported Decision : 63 NSWLR 557

New South Wales Court of Appeal

CITATION: ATTORNEY GENERAL OF NEW SOUTH WALES v WORLD BEST HOLDINGS LIMITED & ORS [2005] NSWCA 261

HEARING DATE(S): 17, 18 May 2005

JUDGMENT DATE: 11 August 2005

JUDGMENT OF: Spigelman CJ at 1; Mason P at 143; Tobias JA at 182

DECISION: 1 Leave to appeal granted; 2 Appeal dismissed; 3 Appellant to pay the First Respondent's costs of the proceedings; 4 No order as to the Second Respondent's costs; 5 Grant leave to both Claimants to appeal; 6 Vary Order 3 in the orders of Patten AJ of 3 December 2004 by deleting the words "the First Defendant, Mr Abdul Sarker" and inserting the words "the Defendants"; 7 Set aside Order 3 of Patten AJ of 10 December 2004

CATCHWORDS: COURTS AND TRIBUNALS - Administrative Decisions Tribunal - Retail Leases Division - Unconscionable Conduct Claims - Whether Tribunal validly constituted - Whether decision of Tribunal invalid because of participation of non-judicial members - Whether invalidity saved by s81(3) Administrative Decisions Tribunal Act 1997 - STATUTES - Validating Acts - Retrospectivity - Application of retrospective Act to pending proceedings the subject of an appeal by way of rehearing - RETAIL LEASES - Unconscionable Conduct Claims - Unconscionability under s62B Retail Leases Act 1994

Administrative Decisions Tribunal Act 1997: Ch 6 Pt 2; Sch 2 Pt 3; Sch 2 Pt 3B; Sch 5 Pt 9 cl 40; ss 13, 14, 15, 17, 19, 21, 22, 70, 75, 81, 81(3), 113, 114, 115, 118, 118D, 119(1), 122, 123 Courts Legislation Amendment Act 2005: Sch 1 cll 1, 3 District Court Act 1973: s159 Interpretation Act 1987: ss30, 52(1)(e) Migration Act 1958 (Cth), s474 LEGISLATION CITED: Retail Leases Act 1994: Part 7A, Part 8 Div 3; ss 62B, 76, 76A, 77 Retail Leases Amendment Act 1998 Suitors' Fund Act 1951 Supreme Court Act 1970: ss 75A(5), 81(1) Trade Practices Act 1974 (Cth): ss 51AA, 51AB, 51AC, 52A