Cui v CLSA Premium Pty Ltd [2021] NSWCATAP 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cui v CLSA Premium Pty Ltd [2021] NSWCATAP 176 Hearing dates: 24 March 2020 Date of orders: 17 June 2021 Decision date: 17 June 2021 Jurisdiction: Appeal Panel Before: S Thode, Senior Member A Boxall, Senior Member Decision: (1) The appeal is dismissed. (2) The order made on 11 December 2020 in GEN 20/31783 is set aside. (3) Application GEN 20/31783 is dismissed for want of jurisdiction. Catchwords: APPEAL – Consumer Claim – appeal against findings made by Financial Ombudsman in Australian Financial Complaints Authority proceedings - whether jurisdiction to make orders - question of law - no jurisdiction Legislation Cited: Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Italiano v Carbone (2005) NSWCA 177 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Pei-Yu George Cui (Appellant) CLSA Premium Pty Ltd (Respondent) Representation: Appellant (Self Represented) A Lin (Respondent) File Number(s): 2021/00056035 (AP 21/01304) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 5 January 2021 Before: J Ringrose, Senior Member File Number(s): GEN 20/31783