LSH Auto (Sydney) Pty Ltd v Sherman [2020] NSWCATAP 246

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LSH Auto (Sydney) Pty Ltd v Sherman [2020] NSWCATAP 246 Hearing dates: On the papers Date of orders: 23 November 2020 Decision date: 23 November 2020 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member D Charles, Senior Member Decision: (1) The appeal is to be dealt with by way of a new hearing. (2) The respondent has leave to lodge in the Appeal Registry and give to the appellant his submissions and any new evidence he relies upon having regard to our reasons for decision, in the form of statutory declaration, by 11 December 2020. (3) The appellant has leave to lodge in the Appeal Registry and give to the respondent its submissions and any new evidence it relies upon, having regard to our reasons for decision, in the form of statutory declaration, by 13 January 2021. (4) The new hearing is listed on 5 February 2021, at 2.15 pm, for a half-day, by telephone. (5) Each party is to advise the other whether any witnesses are required for cross-examination, at least seven days prior to the hearing. (6) Each party has liberty to apply in respect of a variation to these directions, within seven days. Catchwords: APPEAL – Consumer Claim – s 262 of the Australian Consumer Law – joinder in renewal proceedings – appeal to be dealt with by way of new hearing Legislation Cited: Australian Consumer Law (Cth), ss 54, 259, 259(2), 259(2)(b)(ii), 260, 260(a), 260(c), 260(e), 262, 262(1)(c), 263(4) Civil and Administrative Tribunal Act 2013 (NSW), ss 80(2), 80(3), 80(3)(a); cls 8(4)(a) or (b) of Sch 4, 12(1) of Sch 4 Fair Trading Act 1987 (NSW), s 28 Cases Cited: Akratos v Papadopoulos [2016] NSWCATAP 139 Barton v Bridgeman & Anor [2020] QDC 16 at [198] Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98 Collins v Urban [2014] NSWCATAP 17 Department of Communities and Justice v Zonnevylle [2020] NSWCATAP 126 Matumaini v Automobile Industries Pty Ltd [2017] NSWCATAP 93 Meth v Moore (1982) 44 ALR 409 Mishra v Prestige Auto Centre Pty Ltd & Khan Motorcar Co Pty Ltd [2015] NSWCATCD 106 Pittman v Central West Autos Pty Ltd [2018] NSWCATCD 10 Safi v Heartland Motors PL t/as Heartland Chrysler [2016] NSWCATAP 80 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Suttor v Gundowda Pty Ltd [1950] HCA 35; (1950) 81 CLR 418 Terry Turner v Australian Associated Motor Insurers Ltd and The Roads and Traffic Authority of NSW [2006] NSWSC 1292 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481; 60 ALR 68, [1985] HCA 28) Vautin v BY Winddown Inc (2018) 362 ALR 702 Yuen v Thom [2016] NSWCATAP 243 Texts Cited: None cited Category: Principal judgment Parties: LSH Auto (Sydney) Pty Ltd (Appellant) Warwick Gregory Sherman (Respondent) Representation: Solicitors: Thomson Geer (Appellant) Mervyn Finlay Thorburn & Marshall (Respondent) File Number(s): AP 20/12193 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: P Smith File Number(s): MV 19/49966