Star Ocean Auto Mechanic Repairs v Yu [2021] NSWCATAP 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Star Ocean Auto Mechanic Repairs v Yu [2021] NSWCATAP 84 Hearing dates: 1 February 2021 Date of orders: 7 April 2021 Decision date: 07 April 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member J Lucy, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. Catchwords: CONSUMER LAW – consumer guarantees – supply of goods and services – guarantee as to acceptable quality APPEALS – procedure – further evidence on appeal – leave to appeal – cl 12 of Sch 4 of the Civil and Administrative Tribunal Act 2013 (NSW) – significant new evidence – evidence that was not reasonably available at the time of the hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b), Sch 4 cl 12(1)(c) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Texts Cited: None cited Category: Principal judgment Parties: Star Ocean Auto Mechanic Repairs (Appellant) Yan Yu (Respondent) Representation: Appellant (Self Represented) Respondent (Self Represented) File Number(s): 2020/00371231 (AP 20/52176) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 1 December 2020 Before: S Hennings, General Member File Number(s): MV 20/42156