Hooper v Peet [2020] NSWCATAP 231

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hooper v Peet [2020] NSWCATAP 231 Hearing dates: 29 October 2020 Date of orders: 6 November 2020 Decision date: 06 November 2020 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Robertson, Senior Member Decision: (1) The appeal is allowed. (2) The order made by the Tribunal on 15 July 2020 in the proceedings under appeal is set aside. (3) The Respondent's application is remitted to the Consumer & Commercial Division of the Tribunal for a rehearing before a differently constituted Tribunal member and with liberty for the parties to file and serve fresh evidence. Catchwords: CONSUMER CLAIM, s60 Australian Consumer Law, onus of proof Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Cases Cited: Hobbs v Petersham Transport Co Pty Ltd (1971) 124 CLR 220. The Anderson Group Pty Ltd v Tynan Motors Pty Ltd [2006] NSWCA 22 Texts Cited: None cited Category: Principal judgment Parties: Caroline Hooper (Appellant) Joanne Peet (Respondent) Representation: Counsel: D Creais (Appellant)

Solicitors: Bartier Perry (Applicant) Respondent (Self Represented) File Number(s): AP 20/34681 Publication restriction: Nil Decision under appeal Court or tribunal: Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Citation: N/A Date of Decision: 15 July 2020 Before: J Camden, General Member File Number(s): GEN 20/00326