Forbes v Liu [2020] NSWCATAP 196

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Forbes v Liu [2020] NSWCATAP 196 Hearing dates: 17 September 2020 Date of orders: 23 September 2020 Decision date: 23 September 2020 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member D Robertson, Senior Member Decision: (1) The appeal is allowed (2) Order 1 made by Senior Member Meadows on 1 May 2020 is varied so as to read "Jeffrey Feng is liable to pay the amount of $15,804.61 to Jajing Liu". Catchwords: APPEALS – error of law – incorrect test for determining unconscionable conduct under the Australian Consumer Law (NSW) Legislation Cited: Australian Consumer Law (NSW) Fair Trading Act 1987 (NSW) ss 27,28, 79 Competition and Consumer Act 2010 Sch 2 Cases Cited: Forbes v Wan [2020] NSWCATAP 129 Australian Securities and Investments Commission v Kobelt [2019] HCA 18; 368 ALR 1 Texts Cited: None cited Category: Principal judgment Parties: Callum Forbes (Appellant) Yajing Liu (Respondent) Jeffrey Feng (Second Respondent) Representation: Solicitors: Appellant (Self Represented) C Wan (Agent) (Respondent) Second Respondent (No Appearance) File Number(s): AP 20/28752 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: 1 May, 2020 Before: Senior Member G Meadows File Number(s): GEN 19/23998