Lansdown Nominees Pty Ltd v Barker t/as JK & A Automotive [2021] NSWCATAP 212

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lansdown Nominees Pty Ltd v Barker t/as JK & A Automotive [2021] NSWCATAP 212 Hearing dates: 10 June 2021 Date of orders: 14 July 2021 Decision date: 14 July 2021 Jurisdiction: Appeal Panel Before: A Bell SC, Senior Member D Robertson, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. Catchwords: CONSUMER LAW – No issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Lansdown Nominees Pty Ltd (Appellant) Matt Barker t/as JK & A Automotive (Respondent) Representation: T Lansdown (Director) (Appellant) Respondent (Self Represented) File Number(s): 2021/00056104 (AP 21/06905) Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 25 January 2021 Before: P Boyce, Senior Member File Number(s): MV 20/37359

REASONS FOR DECISION 1. This is an appeal from a decision of the Consumer and Commercial Division of the Tribunal (the decision) dismissing an application by the appellant, Lansdown Nominees Pty Ltd (Lansdown), against the respondent, Matt Barker t/as JK & A Automotive (Mr Barker), seeking compensation in the amount of $7,650 in respect of damage to the engine of a motor vehicle owned by Lansdown, which Mr Barker had serviced. Mr Barker carries on business in Albury, New South Wales.