Sommers International Pty Ltd v Stanthorpe Carlton United Football Club Inc [2020] NSWCATAP 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sommers International Pty Ltd v Stanthorpe Carlton United Football Club Inc [2020] NSWCATAP 106 Hearing dates: 19 May 2020 Date of orders: 10 June 2020 Decision date: 10 June 2020 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member J Currie, Senior Member Decision: (1) Sommers Sports Pty Ltd is made the second appellant on the appeal and is removed from being the second respondent on the appeal. (2) The appeal is allowed in part. (3) Set aside the Order made on 14 February 2020 and instead order that Sommers International Pty Ltd and Sommers Sports Pty Ltd are to pay Stanthorpe Carlton United Football Club Inc the sum of $6934.00 within 7 days. (4) The application for leave to appeal is refused. (5) The appeal is dismissed. Catchwords: CIVIL PROCEDURE – procedural fairness- whether reasonable opportunity to be heard. APPEAL –leave to appeal- whether decision fair and equitable. Legislation Cited: Civil and Administrative Tribunal Act (NSW) (2013) Cases Cited: None cited Category: Principal judgment Parties: Sommers International Pty Ltd (Appellant) Stanthorpe Carlton United Football Club Inc (First Respondent) Sommers Sports Pty Ltd (Second Respondent) Representation: Solicitors: Appellant (Self Represented) First Respondent (Self Represented) Second Respondent (Self Represented) File Number(s): AP 20/12502 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 14 February 2020 Before: M Eftimiou, General Member File Number(s): GEN 19/43688