Daintree Cafe Pty Ltd v Jacfun Pty Ltd [2002] NSWADT 188

Daintree Cafe Pty Ltd v Jacfun Pty Ltd [2002] NSWADT 188

The material before the Tribunal did not sufficiently particularise or prove beyond reasonable doubt any grave or weighty contempt, and the Tribunal, exercising its discretion under s131 of the Administrative Decisions Tribunal Act, declined to refer the matter to the Supreme Court.

Parties
Applicant: Daintree Cafe Pty Limited; Respondent: Jacfun Pty Limited
Jurisdiction
Australia
Judgment Date
30 September 2002
Procedural Posture
Contempt Application / Principal Matter; Post Hearing Decision
Outcome
Reference dismissed; no order as to costs.
Legal Topics
Contempt of Tribunal, Implied Undertaking Regarding Documents, Referral Procedures Under S131 Administrative Decisions Tribunal Act
Administrative Law Retail Leases Tribunal Procedure Contempt of Tribunal Implied Undertaking Regarding Documents Referral Procedures Under S131 Administrative Decisions Tribunal Act

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Parties

Daintree Cafe Pty Limited

Applicant

Jacfun Pty Limited

Respondent

Procedural Posture

Contempt Application / Principal Matter; Post Hearing Decision

Legal Issues

  1. 1 Whether applicant committed contempt by allowing Tribunal documents to be used for a collateral purpose
  2. 2 Whether the Tribunal should refer the matter to the Supreme Court under s131 of the Administrative Decisions Tribunal Act

Ratio Decidendi

The material before the Tribunal did not sufficiently particularise or prove beyond reasonable doubt any grave or weighty contempt, and the Tribunal, exercising its discretion under s131 of the Administrative Decisions Tribunal Act, declined to refer the matter to the Supreme Court.

Court Disposition

Reference dismissed; no order as to costs.

Orders

  • The reference Notice to Show Cause is dismissed.
  • No order as to costs.