McCloy v Fair Trading Tribunal

In the case of McCloy v Fair Trading Tribunal, the plaintiff, McCloy, sought relief under section 60(3) of the relevant statute on the basis that the Tribunal lacked jurisdiction. The dispute centered around the Tribunal's authority to determine the matter, which was not contested by either party. However, the crux of the issue was whether the Tribunal had the jurisdiction to grant the specific relief or remedy requested by McCloy.

The legal issues the court needed to address were primarily about the scope and limits of the Tribunal's jurisdiction. Specifically, it needed to determine whether the Tribunal could grant the relief sought by McCloy, given that the authority to determine the matter itself was not in question. The court also had to consider whether the relief sought fell within the discretionary considerations outlined in the statute, particularly regarding the commercial use of the property in question as tourist, holiday, or overnight accommodation.

The court concluded that although the Tribunal had the jurisdiction to determine the matter, it did not have the authority to grant the relief sought by McCloy. The court emphasised that the statutory provisions did not extend to the specific type of relief requested. The court further noted that the discretionary considerations, particularly those relating to the commercial use of the property, did not provide a basis for the relief sought. Consequently, the court found that the Tribunal was correct in its decision and dismissed the application for relief under section 60(3).