Baas v JB Hi Fi Group Pty Ltd [2021] NSWCATAP 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Baas v JB Hi Fi Group Pty Ltd [2021] NSWCATAP 10 Hearing dates: On the papers Date of orders: 20 January 2021 Decision date: 20 January 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member S Thode, Senior Member Decision: (1) The appeal is allowed. (2) The decision under appeal is set aside, in respect of the issues referred to at [70] and [71] of the reasons for this Decision. (3) The application is remitted for determination by a differently constituted Tribunal according to law, in accordance with our reasons herein, without further evidence other than the recording of the hearing on 25 June 2020 and a transcript of the relevant parts, if that is relied upon by any party. Catchwords: APPEAL – Australian Consumer Law – assessment of "rejection period" – adequacy of reasons Legislation Cited: Australian Consumer Law (NSW), ss 18, 21, 29, 54, 55, 56, 59, 259, 259(3), 259(3)(a), 260(a), 262, 262(2), 262(2)(a)-(d) 263, 263(4), 271-273 Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 80(2); cl 12(1) of Sch 4 Competition and Consumer Act 2010 (Cth), Sch 2 Fair Trading Act 1987 (NSW), s 28 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd [2006] HCA 55; (2006) 229 CLR 577 Gallo v Duflou [2014] NSWCATAP 115 House v The King (1936) 55 CLR 499 Jannis v Ant-Hassa Pty Ltd [2020] NSWCATAP 99 Mifsud v Campbell (1991) 21 NSWLR 725 Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6 Nesbit v Porter [2000] NZCA 288; [2000] 2 NZLR 465 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Safi v Heartland Motors PL t/as Heartland Chrysler [2016] NSWCATAP 80 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Texts Cited: Nil Category: Principal judgment Parties: Greg Baas (Appellant) JB Hi Fi Group Pty Ltd (First Respondent) Apple Pty Ltd (Second Respondent) Representation: Appellant (Self Represented) Respondents (Self Represented) File Number(s): AP 20/31920 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 29 June 2020 Before: G Ellis SC, Senior Member File Number(s): GEN 20/07924