The Trust Company Ltd v Diamond Certification Laboratory of Australia Pty Ltd [2015] NSWCATAP 257

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Trust Company Ltd v Diamond Certification Laboratory of Australia Pty Ltd [2015] NSWCATAP 257 Hearing dates: 16 and 20 October 2015, 5 November 2015 Date of orders: 01 December 2015 Decision date: 01 December 2015 Jurisdiction: Appeal Panel Before: D Cowdroy, ADCJ, Principal Member J Redfern, Principal Member Decision: 1. Appeal upheld and decision made on 30 June 2015 be set aside. 2. Matter to be remitted to the Consumer and Commercial Division for hearing of the preliminary issue with directions. Catchwords: APPEAL - Civil and Administrative Tribunal (NSW) – appeal of interlocutory decision to refuse to determine jurisdiction as a preliminary issue – practice and procedure – whether leave to appeal should be given – relevance of case management procedures – principles to be applied – scope of the orders that can be made by the Appeal Panel – issue of jurisdiction remitted to Tribunal below as constituted by the same Members as remitting Appeal Panel – application of "guiding principle" Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 O'Brien v Repatriation Commission (1984) 1 FCR 472 Warragamba Winery Pty Ltd v State of New South Wales [2010] NSWCA 274 Warragamba Winery Pty Ltd v State of New South Wales [2010] NSWSC 66 Young v Hones (No 2) [2014] NSWCA 338 Category: Principal judgment Parties: The Trust Company Ltd (Appellant) Diamond Certification Laboratory of Australia Pty Ltd (Respondent) Representation: Counsel: Mr C Ireland (Appellant) Solicitors: Lander & Rogers Mr D Novick (Respondent) File Number(s): AP 15/44283 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 30 June 2015 Before: G Meadows, Senior Member File Number(s): COM 15/35789