Shop Distributive and Allied Employees Association v Department of Services, Technology and Administration and Coles Supermarkets Australia Pty Ltd [2010] NSWADT 313

Shop Distributive and Allied Employees Association v Department of Services, Technology and Administration and Coles Supermarkets Australia Pty Ltd [2010] NSWADT 313

The right to seek review under section 12(4) is a substantive, not procedural, right and only applies to prospective applications made after 29 November 2010. As the application for exemption was made prior to this date, neither the Applicant nor Mr Dwyer has standing under the former or amended Act to seek review of the Director-General's decision to grant an exemption to Coles Supermarkets Australia Pty Ltd.

Parties
Applicant: Shop Distributive and Allied Employees Association; First Respondent: Department of Services, Technology and Administration; Second Respondent: Coles Supermarkets Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
17 December 2010
Procedural Posture
Application for Review of Administrative Decision / Hearing and Ex Tempore Decision
Outcome
Application dismissed for lack of standing
Legal Topics
Standing, Retail Trading Hours, Statutory Interpretation
Administrative Law Employment Law Standing Retail Trading Hours 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 2 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Shop Distributive and Allied Employees Association

Applicant

Department of Services, Technology and Administration

First Respondent

Coles Supermarkets Australia Pty Ltd

Second Respondent

Procedural Posture

Application for Review of Administrative Decision / Hearing and Ex Tempore Decision

Legal Issues

  1. 1 Whether the Applicant has standing to seek review of the exemption decision allowing Coles Supermarket at Orange to trade on Boxing Day 2010
  2. 2 Whether recent amendments to the Shop Trading Act 2008 apply retrospectively

Ratio Decidendi

The right to seek review under section 12(4) is a substantive, not procedural, right and only applies to prospective applications made after 29 November 2010. As the application for exemption was made prior to this date, neither the Applicant nor Mr Dwyer has standing under the former or amended Act to seek review of the Director-General's decision to grant an exemption to Coles Supermarkets Australia Pty Ltd.

Court Disposition

Application dismissed for lack of standing

Orders

  • The application is dismissed on the basis that the Applicant does not have standing to prosecute the matter.