Batemans Bay Carwash Pty Ltd v Suntech Solar Pty Ltd [2021] NSWCATAP 277

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Batemans Bay Carwash Pty Ltd v Suntech Solar Pty Ltd [2021] NSWCATAP 277 Hearing dates: 26 July 2021 Date of orders: 15 September 2021 Decision date: 15 September 2021 Jurisdiction: Appeal Panel Before: T Simon, Principal Member D Ziegler, Senior Member Decision: (1) Extension of time to appeal the decision of 1 March 2021 refused. (2) Appeal of decisions of 1 March 2021 and 23 April 2021 dismissed. (3) Appellant to pay the respondent's costs in these proceedings. Catchwords: CONSUMER CLAIM - jurisdiction of Tribunal – amendment of claim – submission to Tribunal's jurisdictional limit – procedural fairness - order dispensing with a hearing – hearing on the papers. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Fair Trading Act 1987 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Batemans Bay Carwash Pty Ltd Suntech Solar Pty Ltd trading as Ausuntech Energy Representation: Solicitors: Mr Cartright for the Appellant Mr Fuenzalida for the Respondent File Number(s): 2021/00140131 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 1 March 2021 23 April 2021 Before: L Wilson, Senior Member File Number(s): GEN 20/40923