NSW Caselaw
Reported Decision : 71 NSWLR 556
New South Wales Supreme Court
CITATION : Da Silva and Da Silva Constructions Pty Ltd v Bresond Pty Ltd & Anor [2008] NSWSC 158
HEARING DATE(S) : 12 February 2008
JUDGMENT DATE : 29 February 2008
JUDGMENT OF : Smart AJ
DECISION : See paragraphs 26 - 29.
CATCHWORDS : Consumer Trader & Tenancy Tribunal has no jurisdiction to order corporate plaintiff to provide security for costs - Tribunal not a court under Corporations Act 2001 (Cth) and not otherwise authorised
Consumer Trader and Tenancy Tribunal Act 2001 LEGISLATION CITED : Corporations Act 2001 (Cth) Home Building Act 1989 Local Courts Act 1982
Business Insurance Australia Pty Ltd v District Court of New South Wales & Anor [2006] NSWCA 383 CASES CITED : Trust Company of Australia Limited v Skwing Pty Ltd (2006) 66 NSWLR 77 Woodcrest Homes Pty Ltd v Fair Trading Tribunal & Ors (2002) NSWSC 552
PARTIES : Da Silva and Da Silva Constructions Pty Ltd v Bresond Pty Ltd & Consumer Trader & Tenancy Tribunal
FILE NUMBER(S) : SC 30082/07
COUNSEL : M Painter (First Plaintiff) Martin Walsh (First Defendant)
Adams & Partners (First Plaintiff) SOLICITORS : Snelgroves (First Defendant) I V Knight (Second Defendant - submitting )
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
SMART AJ
Friday, 29 February 2008
30082/07: DA SILVA and DA SILVA CONSTRUCTIONS PTY LTD v BRESOND PTY LTD & ANOR JUDGMENT
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