NSW Caselaw
New South Wales Supreme Court
CITATION : World Best Holdings Limited v Sarker & Anor [2006] NSWSC 1101
HEARING DATE(S) : 18/10/2006
JUDGMENT DATE : 17 November 2006
JUDGMENT OF : Associate Justice Malpass
DECISION : The appeal fails. The summons is dismissed. The plaintiff is to pay the costs of the summons (including the costs of the defendants on a submitting basis).
CATCHWORDS : Appeal from decision of Administrative Decisions Tribunal - amendment of appellate provisions - retail lease claim - unconscionable conduct claim - removal of proceedings to Supreme Court - overlapping jurisdiction between Supreme Court and ADT - statutory construction - mandatory order if statutory requirements are satisfied - onus and evidentiary deficiencies - fresh evidence sought to be relied upon - undertaking to the Court - materiality of error by judicial officer of Tribunal to ultimate decision reached - meaning attributed to words "more effectively and appropriately" dealt with by the Supreme Court
Administrative Decisions Tribunal Act 1997 (NSW) LEGISLATION CITED : Retail Leases Act 1994 (NSW) Retail Leases Amendment Act 2005 (NSW)
CASES CITED : Attorney General of New South Wales v World Best Holdings Limited & Ors (2005) 63 NSWLR 557
World Best Holdings Limited PARTIES : Abul Sarker Administrative Decisions Tribunal
FILE NUMBER(S) : SC 30055/06
COUNSEL : Mr B Walker SC/ Mr J Levingston (Pl) No Appearance (Def)
SOLICITORS : Messrs Brock Partners (Pl) No Appearance (Def)
LOWER COURT JURISDICTION : Administrative Decisions Tribunal
LOWER COURT FILE NUMBER(S) : 045136; 045137
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