Camden City Cars Pty Ltd v Fletcher [2021] NSWCATAP 372

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Camden City Cars Pty Ltd v Fletcher [2021] NSWCATAP 372 Hearing dates: 6 September 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Charles, Senior Member Decision: (1) The application for an extension of time in which to lodge the appeal is refused. (2)The appeal is dismissed. Catchwords: APPEALS-extension of time sought for lodging appeal-incorrect explanation for delay-unmeritorious grounds of appeal-extension of time refused. CIVIL PROCEDURE --procedural fairness-non-attendance of party at telephone hearing-party contended that this occurred through no fault of party- party's representative alleged he was waiting for the Tribunal's call but no call was received-unreliable evidence to support the contention -in any event, no possibility of different outcome. CONSUMER LAW-purchase of second-hand motor vehicle-breach of Australian Consumer Law guarantees. Legislation Cited: Civil and Administrative Tribunal Act (NSW) (2013) Motor Dealers and Repairers Act (NSW) 2013 Cases Cited: CKG v Public Guardian [2014] NSWCATAP 32 Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kline v NSW Land and Housing Corporation [2014] NSWCATAP 41 Minister for Immigration and Border Protection v WZ ARH [2015] HCA 40 Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141 ZPH v ZPI [2020] NSWCATAP 201 Category: Principal judgment Parties: Camden City Cars Pty Ltd (Appellant) Chantel & Caide Fletcher (Respondents) Representation: Both parties were self-represented File Number(s): 2021/00174093 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 13 April 2021 Before: R Titterton, Senior Member File Number(s): MV 21/05358