AJC Portables Pty Ltd v Muras [2020] NSWCATAP 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AJC Portables Pty Ltd v Muras [2020] NSWCATAP 150 Hearing dates: 29 June 2020 Date of orders: 22 July 2020 Decision date: 22 July 2020 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member G Curtin SC, Senior Member Decision: Appeal dismissed Catchwords: CIVIL PROCEDURE – hearings – ex parte – procedural fairness – appellant wrongly assuming the hearing would be conducted by telephone – no reasonable basis for that assumption – futility of a new trial – even on the appellant's evidence the same decision would have been given Legislation Cited: Australian Consumer Law NSW, ss 54, 55, 259(3), 260, 263(4) Civil and Administrative Tribunal Act 2013 (NSW), s 36(3) Civil and Administrative Tribunal Rules 2014 (NSW), r 35 Fair Trading Act 1987 (NSW) ss 79D, 79E, 79G, 79K, 79L Cases Cited: Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 Merck Sharp & Dohme (Australia) Pty Ltd v Peterson [2011] FCAFC 128; (2011) 196 FCR 145 Souleles v Todd [2016] NSWCA 91 Stead v State Government Insurance Commission [1986] HCA 54; [1986] 161 CLR 141 Texts Cited: Nil Category: Principal judgment Parties: AJC Portables Pty Ltd (Appellant) Jacinta Muras (First Respondent) Tim Muras (Second Respondent) Representation: Solicitors: Andrew Copley (Director) (Appellant) First Respondent (Self Represented) Second Respondent (Self Represented) File Number(s): AP 20/10527 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 12 February 2020 Before: S Bliim, General Member File Number(s): HB 19/40522