Mahendran v Price Family Investments Pty Ltd trading as Ben Price Estate Agents [2021] NSWCATAP 340

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mahendran v Price Family Investments Pty Ltd trading as Ben Price Estate Agents [2021] NSWCATAP 340 Hearing dates: 14 September 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President S Goodman SC, Senior Member Decision: The appeal is dismissed. Catchwords: LEASES AND TENANCIES – termination of tenancy following breaches – liability of agent for damage to property and loss of rent suffered by landlord – duty of care ADMINISTRATIVE LAW – jurisdiction of the Civil and Administrative Tribunal under Part 6A of the Fair Trading Act – time when cause of action first accrues – proceedings out of time – no power to extend time Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Justice Centres Act 1983 (NSW) Fair Trading Act 1987 (NSW) Property and Stock Agents Act 2002 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Barbour v Autosports Five Dock Pty Ltd [2020] NSWCATAP 141 Christie v Purves & 2 Ors [2007] NSWCA 182 Collins v Urban [2014] NSWCATAP 17 Wardley Australia Ltd v Western Australia [1992] HCA 55; (1992) 175 CLR 514 Texts Cited: Nil Category: Principal judgment Parties: Shalini Mahendran (Appellant) Price Family Investments Pty Ltd trading as Ben Price Estate Agents (Respondent) Representation: Appellant (Self Represented) T Searle (Agent) (Respondent) File Number(s): 2021/00192977 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 08 June 2021 Before: C Pirina, General member File Number(s): COM 21/14487