Shop Distributive & Allied Employees Association of NSW & Anor v Director-General, NSW Department of Commerce & Anor [2008] NSWSC 1416

Shop Distributive & Allied Employees Association of NSW & Anor v Director-General, NSW Department of Commerce & Anor [2008] NSWSC 1416

The invalid aspect of the exemption concerning future, unspecified Bunnings stores was severable, leaving a valid exemption for the listed stores existing at the time of application. The delegate had adequate material to consider the matters required by s 10(3)(c) of the Shop Trading Act 2008, and the statute did not require precise address-level identification of surrounding businesses in order for the delegate to take a broad and commonsense view of the likely effects. Accordingly, the challenges to the decision failed.

Jurisdiction
Australia
Judgment Date
23 December 2008
Procedural Posture
Administrative Law / Summons Seeking to Have the First Defendant's Delegate's Decision Declared Unlawful or Otherwise Set Aside
Outcome
Summons dismissed.
Legal Topics
['judicial Review' 'shop Trading Exemptions' 'severance of Administrative Instruments' 'consideration of Statutory Criteria' 'standing']
['administrative Law'] ['judicial Review' 'shop Trading Exemptions' 'severance of Administrative Instruments' 'consideration of Statutory Criteria' 'standing']

Case Brief

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Procedural Posture

Administrative Law / Summons Seeking to Have the First Defendant's Delegate's Decision Declared Unlawful or Otherwise Set Aside

Legal Issues

  1. 1 ['Whether an exemption granted for Bunnings locations operating now and in the future could be severed so that it remained valid for stores in existence and listed at the time of the application.' 'Whether the delegate failed to take into account the likely effect of the proposed exemption on the local economy, tourism and other businesses in the area under s 10(3)(c) of the Shop Trading Act 2008 because of insufficient geographical specificity.' 'Whether the plaintiffs had standing to bring the proceedings.']

Ratio Decidendi

The invalid aspect of the exemption concerning future, unspecified Bunnings stores was severable, leaving a valid exemption for the listed stores existing at the time of application. The delegate had adequate material to consider the matters required by s 10(3)(c) of the Shop Trading Act 2008, and the statute did not require precise address-level identification of surrounding businesses in order for the delegate to take a broad and commonsense view of the likely effects. Accordingly, the challenges to the decision failed.

Court Disposition

Summons dismissed.

Orders

  • ['Summons dismissed.']