Brarny Partners Pty Ltd v Miller [2020] NSWCATAP 256

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brarny Partners Pty Ltd v Miller [2020] NSWCATAP 256 Hearing dates: 20 November 2020 Date of orders: 7 December 2020 Decision date: 07 December 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member S Thode, Senior Member Decision: The appeal is dismissed. Catchwords: CONSUMER LAW – false or misleading representations – defence that settlement agreement entered into preventing proceedings being brought on false or misleading representations – no evidence of settlement agreement at the hearing or on appeal ADMINISTRATIVE LAW – hearing rule – notice – allegation that not contacted by telephone for hearing – procedural unfairness – new hearing – appellant required to prove possibility of a successful outcome if new hearing ordered – no evidence of alleged defence – no possibility of a successful outcome if a new hearing ordered Legislation Cited: Nil Cases Cited: Stead v State Government Insurance Commission [1986] 161 CLR 141 Texts Cited: Nil Category: Principal judgment Parties: Brarny Partners Pty Ltd (Appellant) Jarrad Miller (Respondent) Representation: Solicitors: A Awad (Director) (Appellant) Respondent (Self Represented) File Number(s): AP 20/37684 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 13 August 2020 Before: P French, General Member File Number(s): MV 20/16743