Patterson v Trip A Deal Pty Ltd [2022] NSWCATAP 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Patterson v Trip A Deal Pty Ltd [2022] NSWCATAP 35 Hearing dates: 1 February 2022 Date of orders: 09 February 2022 Decision date: 09 February 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Curtin SC, Senior Member Decision: 1. Appeal upheld. 2. The decision of the Tribunal below is set aside. 3. The matter is remitted to the Tribunal, differently constituted, to be determined according to law. Catchwords: APPEALS — new hearing — inadequacy of reasons – failure to attend to the central aspects of the appellants' case and the evidence bearing upon it – failure to give reasons for critical findings of fact – possibility of a substantial miscarriage of justice as significant new evidence had arisen which was not reasonably available at the hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b), Sch 4 cl 12 Fair Trading Act 1987 (NSW), s 79K Cases Cited: Gautam v Health Care Complaints Commission [2021] NSWCA 85 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Category: Principal judgment Parties: Elaine Patterson (First Appellant) John Patterson (Second Appellant) Natalie Wade (Third Appellant) Niel Wade (Fourth Appellant) Trip A Deal Pty Ltd (Respondent) Representation: S Knapp (Authorised employee of the Respondent)

Solicitors: Howard S Charles & Co (Appellants) File Number(s): 2021/00290047 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 14 September 2021 Before: D Goldstein, Senior Member File Number(s): GEN 21/24442