Chen v Feng [2020] NSWCATCD 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chen v Feng [2020] NSWCATCD 8 Hearing dates: 26 August 2019 Final submissions 27 September 2019 Date of orders: 05 February 2020 Decision date: 05 February 2020 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: (1) Mr Forbes' application to stay the proceedings is refused. (2) Mr Forbes' application to adjourn the proceedings is refused. (3) Mr Forbes' application to reopen the hearing is refused. (4) Mr Forbes' application for summary dismissal of the application on the ground that the Tribunal does not have jurisdiction to deal with it is refused. (5) Mr Forbes' application for summary dismissal of the application on the ground that the Tribunal is not a convenient forum for the determination of the dispute is refused. (6) Mr Forbes' application for summary dismissal of the whole or part of the claim on the ground that compensation may be available from a statutory compensation scheme is refused. (7) Jeffrey Feng must pay Yilin Chen $837.30 immediately. (8) The application is otherwise dismissed. Catchwords: CONSUMER CLAIM – rental guarantee and agency agreement – whether misleading and deceptive conduct – whether unconscionable conduct JURISDICTION – whether relevant connection to NSW – whether inconvenient forum for determination of dispute – whether claim arises from the supply of services – availability of statutory compensation scheme PRACTICE AND PROCEDURE – service of evidence - Tribunal's obligation to provide a party with a reasonable opportunity to be heard – respondent's access to evidence under control of Administrators of companies subject to external administration - application to reopen hearing – whether mental illness has affected respondent's capacity to deal with application Legislation Cited: Australian Consumer Law (NSW) Australian Securities and Investments Commission Act 2001 (Cth) Civil and Administrative Tribunal Act 201 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Corporations Act 2001 (NSW) Fair Trading Act 1987 (NSW) Property, Stock and Business Agents Act 2002 (NSW) Cases Cited: Australian Competition and Consumer Commission v Dukemaster Pty Ltd [2009] FCA 682 Australian Securities and Investments Commission v Kobelt [2019] HCA 18 Bobolas v Waverley Council [2016] NSWCA 139 Briginshaw v Briginshaw (1938) 60 CLR 336 Mesiha v Murrell [2017] NSWCATAP 1 Miller v Minister for Pensions [1947] 2 All ER 372 Mrjana v Imagine Education Australia Pty Ltd [2016] NSWCATAP 232 NAKX v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1559 Prestige Auto Centre Pty Ltd v Apurva Mishra [2014] NSWCATAP 81 Reid v Brett [2005] VSC 18 Smith v New South Wales Bar Association [1992] HCA 36 Vroth v Manildra Floor Mills Pty Ltd [1990] HCA 55 Wall v Barham [2017] NSWACTAP 61 Texts Cited: Nil Category: Principal judgment Parties: Yilin Chen (Applicant) Callum Forbes (First Respondent) Jeffrey Feng (Second Respondent) Representation: F Zhou (Applicant) First Respondent (Sef-represented) File Number(s): GEN 19/24796 Publication restriction: Nil