Gonzalez-Brien v My Million Dollar Funnels Pty Ltd [2022] NSWCATAP 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gonzalez-Brien v My Million Dollar Funnels Pty Ltd [2022] NSWCATAP 58 Hearing dates: 11 February 2022 Date of orders: 2 March 2022 Decision date: 02 March 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President A Britton, Deputy President Decision: Appeal dismissed Catchwords: APPEAL- consumer claim- no error of law- whether decision against the weight of evidence. Legislation Cited: Fair Trading Act 1987 (NSW) Civil & Administrative Tribunal Act 2013 (NSW) Cases Cited: None cited Texts Cited: None cited Category: Principal judgment Parties: H Gonzalez-Brien (Appellant) My Million Dollar Funnels Pty Ltd (Respondent) Representation: Appellant (Self Represented) E Donati (Respondent) File Number(s): 2021/00275275 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: N/A Date of Decision: 10 September 2021 Before: J Bartrop, General Member File Number(s): GEN 21/21837

REASONS FOR DECISION

Background 1. This is an appeal from a decision made in the Consumer & Commercial Division of the Tribunal published on 10 September 2021. The Appellant was the applicant and the Appellant's application was dismissed. The Appellant appeals from that dismissal. The Tribunal was exercising its jurisdiction to determine consumer claims as provided for in the Fair Trading Act, 1987 (NSW). 2. The Appellant had engaged the Respondent to provide marketing services, the details of which we will explain later. The Appellant paid the Respondent $5,000 and sought an order from the Tribunal that that sum be refunded. 3. To further understand the background to the dispute we summarise the decision under appeal (which we will describe as "the Decision") in the following paragraphs.