Noel v Intelpools Pty Ltd [2021] NSWCATAP 199

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Noel v Intelpools Pty Ltd [2021] NSWCATAP 199 Hearing dates: 24 May 2021 Date of orders: 30 June 2021 Decision date: 30 June 2021 Jurisdiction: Appeal Panel Before: D Cowdroy AO QC ADCJ, Principal Member D Robertson, Senior Member Decision: (1) Appeal allowed. (2) Orders 1 to 4 made in proceedings GEN 20/03844 on 1 March 2021 are set aside. (3) The proceedings are remitted to the Consumer and Commercial Division of the Tribunal, differently constituted, for determination according to law. Catchwords: CONSUMER LAW — consumer guarantees — supply of services — when cause of action arises Legislation Cited: Australian Consumer Law (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Home Building Act 1989 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Barbour v Autosports Five Dock Pty Ltd [2020] NSWCATAP 141 Cyril Smith & Associates Pty Ltd v The Owners ‑ Strata Plan No 64970 [2011] NSWCA 181 Owen v Kim [2017] NSWCATAP 26 Pullen v Gutteridge Haskins and Davey Pty Ltd [1993] 1 VR 27 Sacks v Hammoud [2016] NSWCATAP 225 Wardley Australia Ltd v The State of Western Australia (1992) 175 CLR 514; [1992] HCA 55 Texts Cited: Nil Category: Principal judgment Parties: Michael Wayne Noel (Appellant) Intelpools Pty Ltd (Respondent) Representation: Solicitors: Ardent Lawyers (Appellant) Maguire and McInerney Lawyers (Respondent) File Number(s): 2021/00085354 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not reported Date of Decision: 26 February 2021 Before: L Wilson, Senior Member File Number(s): GEN 20/03844