Woodcrest Homes Pty Ltd v Fair Trading Tribunal & Ors [2002] NSWSC 552

Woodcrest Homes Pty Ltd v Fair Trading Tribunal & Ors [2002] NSWSC 552

The Tribunal had power under s 1335(1) of the Corporations Act 2001 (Cth) to order that a corporate plaintiff provide security for costs in a building claim, as it constituted a 'court' exercising judicial power; the repeal of the Corporations Law and commencement of the Act did not affect this procedural power.

Parties
Plaintiff: Woodcrest Homes Pty Ltd; 1st Defendant: Fair Trading Tribunal; 2nd Defendant: Taveceen Pty Limited
Jurisdiction
Australia
Judgment Date
01 July 2002
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Security for Costs, Jurisdiction of Tribunal, Transitional Provisions
Corporations Law Civil Procedure Building & Construction Security for Costs Jurisdiction of Tribunal Transitional Provisions

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 4 Authorities cited 19 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Woodcrest Homes Pty Ltd

Plaintiff

Fair Trading Tribunal

1st Defendant

Taveceen Pty Limited

2nd Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Fair Trading Tribunal has power to order security for costs
  2. 2 Whether the Tribunal is a 'court' for purposes of s 1335(1) of the Corporations Law and Corporations Act 2001
  3. 3 Effect of repeal of Corporations Law and commencement of Corporations Act 2001

Ratio Decidendi

The Tribunal had power under s 1335(1) of the Corporations Act 2001 (Cth) to order that a corporate plaintiff provide security for costs in a building claim, as it constituted a 'court' exercising judicial power; the repeal of the Corporations Law and commencement of the Act did not affect this procedural power.

Court Disposition

Appeal dismissed

Orders

  • Extend the time within which to institute this appeal pursuant to Pt 51A r (3)(3) of the SCR
  • Affirm the orders made by the Tribunal in each of proceedings BU 2000/2762 and BU 2000/6761 on 6 August 2001