Muscat v TS Spraypainting Pty Ltd [2020] NSWCATAP 285

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Muscat v TS Spraypainting Pty Ltd [2020] NSWCATAP 285 Hearing dates: 15 December 2020 Date of orders: 23 December 2020 Decision date: 23 December 2020 Jurisdiction: Appeal Panel Before: S Westgarth Deputy President The Hon F Marks Principal Member Decision: (1) The appeal is allowed (2) The order of General Member Towney made 3 September 2020 is quashed. (3) The proceedings are referred to the Tribunal differently constituted for reconsideration having regard to such evidence including any additional evidence as the Tribunal may, in its discretion, allow. Catchwords: APPEAL- motor vehicle repair – failure to identify the contract between the parties- failures to give adequate reasons – appeal upheld – proceedings remitted for reconsideration before the Tribunal differently constituted Legislation Cited: Civil and Administrative Tribunal Act ss 80(2)(b), 81 Cases Cited: None cited Texts Cited: None cited Category: Principal judgment Parties: Shawn Muscat (Appellant) TS Spraypainting Pty Ltd (Respondent) Representation: S Giunta (Agent) (Appellant) T Sly (Director) (Respondent) File Number(s): AP 20/40593 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: 3 September 2020 Before: G Towney General Member File Number(s): MV 20/15124