Dwyer v Department of Services, Technology and Administration and Kmart Australia Limited NSWADT 312 [2010] NSWADT 312
The circumstances cited, including the Jazz Convention and anticipated visitor needs, were found special but not exceptional, and even if they were exceptional, granting the exemption was not in the public interest; thus, the exemption should be refused.
- Jurisdiction
- Australia
- Judgment Date
- 17 December 2010
- Procedural Posture
- Administrative Review / Hearing and Determination
- Outcome
- Application for exemption refused; previous decision set aside
- Legal Topics
- ['shop Trading Hours' 'exemptions From Trading Restrictions' 'standing of Applicants' 'public Interest']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Administrative Review / Hearing and Determination
Legal Issues
- 1 ['Whether exceptional circumstances exist under section 10 of the Retail Trading Act 2008 to grant an exemption for Boxing Day trading to Kmart Orange store' 'Whether granting such exemption is in the public interest' 'Applicability of amended legislation for standing to seek review']
Ratio Decidendi
The circumstances cited, including the Jazz Convention and anticipated visitor needs, were found special but not exceptional, and even if they were exceptional, granting the exemption was not in the public interest; thus, the exemption should be refused.
Court Disposition
Application for exemption refused; previous decision set aside
Orders
- ['The decision is set aside' 'The decision is made that the application is refused']
Full Case Text
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