United Autos NSW Pty Ltd v Schofield (No 2) [2021] NSWCATAP 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: United Autos NSW Pty Ltd v Schofield (No 2) [2021] NSWCATAP 53 Hearing dates: On the papers Date of orders: 10 March 2021 Decision date: 10 March 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member G Sarginson, Senior Member Decision: (1) A hearing in person is dispensed with. (2) The certificate of the registrar issued on 18 August 2020 is set aside. (3) Order the first respondent to pay the appellant the sum of $7,810 immediately. (4) The first respondent is to pay the appellant costs in the sum of $1,000 immediately. Catchwords: CIVIL PROCEDURE – stay of part of an order to pay money – certificate subsequently erroneously issued under s 78 of the Civil and Administrative Tribunal Act for the whole of the money ordered to be paid – first respondent files certificate in Local Court – first respondent overpaid - certificate set aside – restitution ordered Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 5, 32, 32(2)(a), 78, 81 Fair Trading Act 1987 (NSW), ss 79N(a), 79P(a) Cases Cited: Choi v Commissioner of Police, NSW Police Force [2020] NSWCATAP 211 Croker v Commissioner of Taxation [2005] FCA 127 Director of Public Prosecutions v Shirvanian (1998) 44 NSWLR 129 Doyle v Hall Chadwick [2007] NSWCA 159 Frumar v The Owners of Strata Plan 36957 [2010] NSWCA 172 Islam v Metricon Homes Pty Ltd [2018] NSWCATAP 116 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Texts Cited: Nil Category: Principal judgment Parties: United Autos NSW Pty Ltd (Appellant) Danielle Schofield (First Respondent) Fin One Pty Ltd (Second Respondent) Representation: Solicitors: Bailey Timms, Lawyers (Appellant) First Respondent (Self Represented) A Conaghan (Legal Officer) (Second Respondent) File Number(s): AP 20/23598 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 15 May 2020 Before: F Holles, General Member File Number(s): MV 19/55187