AWD Cavallo Investments Pty Ltd v Smokevitch [2021] NSWCATAP 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AWD Cavallo Investments Pty Ltd v Smokevitch [2021] NSWCATAP 183 Hearing dates: 23 March 2021; provision of transcript and record of hearing by 8 April 2021 Date of orders: 24 June 2021 Decision date: 24 June 2021 Jurisdiction: Appeal Panel Before: G K Burton SC, Senior Member D Robertson, Senior Member Decision: (1) Leave to appeal is refused. (2) Appeal dismissed. Catchwords: CONSUMER LAW – Unfair contract terms – Terms providing for cancellation of a contract for the supply of a kitchen – Whether unfair – Whether supplier had provided evidence of amounts to which the contract provided it was entitled Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 (NSW), ss 60, 80, 81, Sch 4 cl 12 Fair Trading Act 1987 (NSW) Cases Cited: CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578, [2000] FCA 1343 Collins v Urban [2014] NSWCATAP 17 Craig v South Australia (1995) 184 CLR 163, [1995] HCA 58 Owen v Kim [2017] NSWCATAP 26 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Soulemezis v Dudley (Holdings) PL (1987) 10 NSWLR 247 (CA) Texts Cited: None cited Category: Principal judgment Parties: AWD Cavallo Investments Pty Ltd (Appellant) Jennifer Smokevitch (First Respondent) James Gough (Second Respondent) Representation: A Dowling (Sole director of Appellant) J Smokevitch (for both Respondents) File Number(s): 2021/00056045 (AP 21/02282) Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 6 January 2021 Before: G Ellis SC, Senior Member File Number(s): GEN 20/34781