Mahendran v NAS Property Services Pty Ltd [2021] NSWCATAP 379

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mahendran v NAS Property Services Pty Ltd [2021] NSWCATAP 379 Hearing dates: 11 November 2021 Date of orders: 23 November 2021 Decision date: 23 November 2021 Jurisdiction: Appeal Panel Before: The Hon Cowdroy AO QC ADCJ, Principal Member K Ransome, Senior Member Decision: The Appeal Panel orders that: (1) Leave to bring the appeal is refused; (2) The appeal is dismissed. Catchwords: APPEALS - consumer claim by property owner against property agent alleging failure to fulfil agency agreement – cause of action arising more than three years prior to the commencement of proceedings – action barred by limitation provisions contained in Fair Trading Act 1987 (NSW). Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Shalini Mahendran (Appellant) NAS Property Services Pty Ltd trading as A Plus Realty Merrylands (Respondent) Representation: Appellant (Self Represented) Nassif Semaan (Agent for the Respondent) File Number(s): 2021/00254445 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 18 August 2021 Before: C Marzilli, General Member File Number(s): COM 21/14974