ATM Corporation Pty Ltd t/as What You Wreckin v Green Square Garage Pty Ltd [2022] NSWCATAP 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ATM Corporation Pty Ltd t/as What You Wreckin v Green Square Garage Pty Ltd [2022] NSWCATAP 17 Hearing dates: 17 January 2022 Date of orders: 24 January 2022 Decision date: 24 January 2022 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member G Ellis SC, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. 3. Each party is to bear their own costs of the appeal. 4. In the event that an application for a different costs order is made, order 3 above ceases to have effect and the following orders apply: (a) Any application for a different costs order is to be filed and served, supported by evidence and submissions, within 14 days of the date of these orders. (b) Any evidence and submissions in response to the application for a different costs order are to be filed and served within 28 days of the date of these orders. (c) Any material in reply is to be filed and served within 35 days of the date of these orders. Catchwords: APPEAL - Challenge to two findings of fact - No error of law - No miscarriage of justice Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Civil and Administrative Tribunal Rules 2014 Civil Procedure Act 2005 Fair Trading Act 1987 Cases Cited: Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd Taylor v Johnson [1983] HCA 5, (1983) 151 CLR 422 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Nil Category: Principal judgment Parties: ATM Corporation Pty Ltd t/as What You Wreckin (Appellant) Green Square Garage Pty Ltd (Respondent) Representation: Mr A Marinho for the Appellant Mr S Rubner for the Respondent File Number(s): 2021/00298852 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 23 September 2021 Before: G A Kinsey, General Member File Number(s): MV 21/00404