Sly Boogie Customs Pty Ltd v Duggan [2021] NSWCATAP 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sly Boogie Customs Pty Ltd v Duggan [2021] NSWCATAP 72 Hearing dates: 9 March 2021 Date of orders: 24 March 2021 Decision date: 24 March 2021 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member R Titterton, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. Catchwords: APPEAL – consumer claim – decision said to be not fair and equitable and against the weight of the evidence – proper respondent to Tribunal proceedings – quantum of damages - no substantial miscarriage of justice – leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Calin v Greater Union Organisation Pty Ltd (1991) 173 CLR 33; [1991] HCA 23 Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Sly Boogie Customs Pty Ltd (Appellant) Brett Duggan (Respondent) Representation: T Low (Appellant) Respondent (Self Represented) File Number(s): 2020/00371210 (AP 20/50561) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 25 November 2020 Before: J Drennan, Member File Number(s): MV 20/29486

REASONS FOR DECISION 1. This is an internal appeal by Sly Boogie Customs Pty Ltd (the company) from a decision of the Tribunal's Consumer and Commercial Division which awarded the applicant in the original proceedings, Brett Duggan, a sum of $17,000 for defective work carried out on Mr Duggan's motor vehicle. The order was made against Tristan Low trading as Sly Boogie Customs. The company argues that the Tribunal made an error as the proper respondent was the company, not Mr Low, and the amount awarded was too high. The company states the decision was not fair and equitable and was against the weight of the evidence.