Ali v Smith [2022] NSWCATAP 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ali v Smith [2022] NSWCATAP 129 Hearing dates: 20 April 2022 Date of orders: 02 May 2022 Decision date: 02 May 2022 Jurisdiction: Appeal Panel Before: S Thode, Senior Member D Goldstein, Senior Member Decision: (1) Leave to appeal refused. (2) The appeal is dismissed. Catchwords: CONSUMER LAW – sections 79O and 79U of the Fair Trading Act 1987 – Estimate of amount owed where precise evidence is not available Legislation Cited: Civil and Administrative Tribunal Act 2013 Consumer Claims Act 1998. Fair Trading Act 1987 Motor Dealers and Repairers Act 2013 Motor Dealers and Repairers Regulation 2014 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Buses & 4WD Hire Pty Limited v Richardson [2016] NSWCATAP 24 Collins v Urban [2014] NSWCATAP 17 Fink v Fink [1946] HCA 54; (1946) 74 CLR 127 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Jones v. Schiffmann [1971] HCA 52; (1971) 124 CLR 303 Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Owen v Kim [2017] NSWCATAP 26 Re Minister for Immigration and Multicultural Affairs [2003] HCA 30 Tuck v White [2016] NSWCATAP 132 Category: Principal judgment Parties: Yousef Jamal Ali (Appellant) Paul Smith and Margaret Smith (Respondents) Representation: Applicant self-represented Respondent self-represented File Number(s): 2022/00054301 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 21 February 2022 Before: M Zraika, General Member File Number(s): MV 21/47599 and MV 22/03380