Shop, Distributive and Allied Employees’ Association and Bernie Smith v Secretary, NSW Treasury [2018] NSWCATAP 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shop, Distributive and Allied Employees' Association and Bernie Smith v Secretary, NSW Treasury [2018] NSWCATAP 84 Hearing dates: 23 March 2018 Date of orders: 11 April 2018 Decision date: 11 April 2018 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member J Kearney, Senior Member Decision: 1. Appeal dismissed Catchwords: Statutory interpretation – Retail Trading Act 2008 – held exemption from trading restrictions granted by previous legislation continued in force – appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Factories, Shops and Industries Act 1962 (NSW) Retail Trading Act 2008 (NSW) Cases Cited: Smith v NSW Treasury [2017] NSWCATAD 337 Re Macks; ex parte Saint [2000] HCA 62 Category: Principal judgment Parties: Shop, Distributive and Allied Employees' Association (first appellant) Bernie Smith (second appellant) Secretary, NSW Treasury (respondent) Representation: Counsel: A Rogers (appellants) K Richardson SC and P Strickland (respondent)

Solicitors R Tonkli (appellants) Crown Solicitor NSW (respondent) File Number(s): AP 17/53787 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal NSW Jurisdiction: Administrative and Equal Opportunity Division Citation: Smith V NSW Treasury [2017] NSWCATAD 337 Date of Decision: 17 November, 2017 Before: K Ransome Senior Member File Number(s): 2016/0037 8480