Davis v Department of Commerce & anor [2009] NSWADT 61

Davis v Department of Commerce & anor [2009] NSWADT 61

After taking into account the factors in s 10(3) of the Shop Trading Act 2008, the Tribunal held that the correct and preferable decision was to refuse the exemption. Bunnings did not predominantly sell essential goods, there was no need for it to open on Easter Sunday given trading on Easter Saturday and Easter Monday, any economic benefit was not shown to favour the local economy and would mainly be commercial for Bunnings, employees could face indirect pressure to work, and Easter Sunday was one of the limited restricted trading days Parliament had determined should generally be observed.

Jurisdiction
Australia
Judgment Date
25 March 2009
Procedural Posture
Application for Review of a Decision Refusing an Exemption Under the Shop Trading Act 2008 / NSW Administrative Decisions Tribunal General Division Review After Internal Review
Outcome
The decision under review was affirmed.
Legal Topics
['shop Trading Act 2008 Exemption' 'restricted Trading Days' 'easter Sunday Trading' 'voluntary Staffing on Restricted Trading Days' 'use of Extrinsic Materials in Statutory Interpretation']
['administrative Law' 'retail Trading Regulation' 'statutory Interpretation' 'employment Law'] ['shop Trading Act 2008 Exemption' 'restricted Trading Days' 'easter Sunday Trading' 'voluntary Staffing on Restricted Trading Days' 'use of Extrinsic Materials in Statutory Interpretation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Review of a Decision Refusing an Exemption Under the Shop Trading Act 2008 / NSW Administrative Decisions Tribunal General Division Review After Internal Review

Legal Issues

  1. 1 ['Whether Bunnings should be exempted from trading restrictions on Easter Sunday under s 10 of the Shop Trading Act 2008.' 'How s 10(3) of the Shop Trading Act 2008 should be applied, including whether there must be a compelling reason for an exemption.' 'Whether there was a need for Bunnings to be kept open on Easter Sunday.' 'The likely effect of the proposed exemption on employees, the local economy, tourism and other businesses.']

Ratio Decidendi

After taking into account the factors in s 10(3) of the Shop Trading Act 2008, the Tribunal held that the correct and preferable decision was to refuse the exemption. Bunnings did not predominantly sell essential goods, there was no need for it to open on Easter Sunday given trading on Easter Saturday and Easter Monday, any economic benefit was not shown to favour the local economy and would mainly be commercial for Bunnings, employees could face indirect pressure to work, and Easter Sunday was one of the limited restricted trading days Parliament had determined should generally be observed.

Court Disposition

The decision under review was affirmed.

Orders

  • ['The decision under review is affirmed.']