Jackson v Smart Ehealth Pty Ltd [2021] NSWCATCD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jackson v Smart Ehealth Pty Ltd [2021] NSWCATCD 5 Hearing dates: 19 May 2021 Date of orders: 25 May 2021 Decision date: 25 May 2021 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1. The respondent is to pay the applicant $5,640 immediately. Catchwords: CONSUMER LAW – Misleading or deceptive conduct CONTRACT – Variation of contract Legislation Cited: Australian Consumer Law Competition and Consumer Act 2010 Fair Trading Act 1987 Cases Cited: Haines v Bendall [1991] HCA 15 Hely-Hutchinson v Brayhead Ltd [1968] 1 QB 549 Category: Principal judgment Parties: Applicant: Tanya Elisabeth Love Jackson Respondent: Smart Ehealth Pty Ltd Representation: Applicant: In person Respondent: No appearance File Number(s): GEN 21/02075 Publication restriction: Nil

REASONS FOR DECISION

History of the proceedings 1. On 15 January 2021 an application was lodged in which sought an order that the respondent pay the applicant $5,640. The application relates to a Certificate III course and a Certificate IV course in fitness training for which the applicant paid that amount to the respondent with the aim of achieving those qualifications. 2. On 16 February 2021, at a preliminary hearing, the applicant was given until 22 February 2021 to provide a copy of her documents to the Tribunal and the respondent and a direction was made for the provision of documents by the respondent to the Tribunal and the applicant on or before 09 March 2021. 3. On 17 March 2021 a notice of hearing was issued to advise the parties that the application was listed for hearing today.