Designer Blinds and Plantations Pty Ltd v Finocchiaro [2021] NSWCATAP 190

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Designer Blinds and Plantations Pty Ltd v Finocchiaro [2021] NSWCATAP 190 Hearing dates: 23 March 2021; directions for further material to 8 April 2021 Date of orders: 25 June 2021 Decision date: 25 June 2021 Jurisdiction: Appeal Panel Before: G K Burton SC, Senior Member D Robertson, Senior Member Decision: (1) Appeal dismissed. (2) The stay of order 3 made on 8 January 2021, granted on 3 February 2021, is lifted immediately. (3) Orders 2 and 3 made on 8 January 2021 are varied by replacing "22 January 2021" in each order with the date that is fourteen days after the date of publication of these orders. Catchwords: CONSUMER LAW - Consumer claim - alleged absence of procedural fairness by reason of non-receipt of notice of hearing 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 Texts Cited: None cited Category: Principal judgment Parties: Designer Blinds and Plantations Pty Ltd (Appellant) Anna Finocchiaro (Respondent) Representation: B Rix (Co-Director (Appellant) Respondent (Self Represented) File Number(s): 2021/00056053 (AP 21/02899) Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 8 January 2021 orders amended on 11 and 12 January 2021 Before: P French, General Member File Number(s): GEN 20/38927