Evans v Baystate Pty Ltd t/as Domaine Plus Real Estate [2020] NSWCATAP 275

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Evans v Baystate Pty Ltd t/as Domaine Plus Real Estate [2020] NSWCATAP 275 Hearing dates: 15 October 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member M Gracie, Senior Member Decision: 1 In Appeal 20/29973 (the Lurnea property): (1) The appeal is allowed. (2) The matter is remitted to the Tribunal to be determined in accordance with these reasons noting that the appellant cannot claim the items referred to in paragraphs 53(d), (h) and (i) of the Tribunal's reasons dated 16 June 2020. (3) The amount of $518.88 referred to in paragraph [53](f) of the reasons of the Tribunal dated 16 June 2020 be repaid by the respondent to the appellants within 7 days of these orders. 2 In Appeal 20/29921 (the Casula property): (1) The amount of $422.71 referred to in paragraph [43](f) of the reasons of the Tribunal dated 16 June 2020 be repaid by the respondent to the appellants within 7 days of these orders. (2) The appeal is otherwise dismissed. Catchwords: REAL ESTATE AGENTS – managing agent contract- compliance with Property and Stock Agents Act 2002 CONSUMER CLAIM – time limit on making claims LIMITATION OF ACTION- time for commencing proceedings for consumer claims Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Property and Stock Agents Act 2002 (NSW) Cases Cited: Barbour v Autosports Five Dock Pty Ltd [2020] NSWCATAP 141 Campbells Cash and Carry v Overmeyer Industrial Brokers [2003] NSWSC 76 Gibbs v Guild (1882) 9 QBD 59 Sacks v Hammond [2016] NSWCATAP 225 Category: Principal judgment Parties: Margaret Evans and Glenn Evans (Appellants) Baystate Pty ltd t/as Domaine Plus Real Estate (Respondent) Representation: First Appellant (for Both Appellants) Z Baradan (Director) (Respondent) File Number(s): AP 20/29921; AP 20/29973 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 16 June 2020 Before: P Boyce, Senior Member