Klaus v Wallace [2021] NSWCATAP 375

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Klaus v Wallace [2021] NSWCATAP 375 Hearing dates: 16 June 2020 and 11 August 2020 Date of orders: 22 November 2021 Decision date: 22 November 2021 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member J Lucy, Senior Member Decision: (1) Appeal allowed. (2) Order 1 made on 20 February 2020 is amended to remove Daniel Klaus as a respondent. Catchwords: APPEAL – consumer claim – liability of person involved in sale of caravan – denial of procedural fairness in adding respondent at hearing – whether respondent is a supplier within the meaning of the Fair Trading Act 1987 – inadequacy of reasons Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Fairey Australasia Pty Ltd v Joyce (1981) 2 NSWLR 314 Jenkinson v Chaw [2015] NSWCATAP 127 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Daniel Klaus (Appellant) Leslie James Wallace (Respondent) Representation: Solicitors: Stone Group Lawyers (Appellant) Respondent (self-represented) File Number(s): 2020/00370725 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 20 February 2020 Before: P Harris, General Member File Number(s): MV 19/44201