Brown v A Hambridge & G Riog Pty Ltd [2022] NSWCATAP 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brown v A Hambridge & G Riog Pty Ltd [2022] NSWCATAP 134 Hearing dates: 15 March 2022 Date of orders: 02 May 2022 Decision date: 02 May 2022 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Goldstein, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: CONSUMER LAW-alleged defective work done on second-hand motor vehicle engine-claim by consumer for the total sum paid for the work was misconceived. APPEALS – respondent's documents served late and only received on the morning of the hearing-no offer of adjournment from the Tribunal- procedural unfairness-appellant did not show there was a possibility of his claim succeeding-attempt by appellant to present on appeal a new case of defective work based upon further investigation by experts after the Tribunal decision-reliance on new evidence not permitted. Legislation Cited: Australian Consumer Law NSW Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Brarny Partners Pty Ltd v Miller [2020] NSWCATAP 256 Collins v Urban [2014] NSWCATAP 17 Italiano v Carbone & Ors [2005] NSWCA 177 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Owen v Kim [2017] NSWCATAP 26 Re Minister for Immigration, Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Roach v Swain [2021] NSWCATAP 258 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Stead v State Government Insurance Commission (1986) 161 CLR 141 Tiwari v Champion Homes Sales Pty Ltd [2016] NSWCATAP 73 Category: Principal judgment Parties: Lawrence James Brown (Appellant) A Hambridge & G Riog Pty Ltd (Respondent) Representation: Solicitors: Mrs Mckay for the appellant File Number(s): 2021/356729 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 22 November 2021 Before: S Daly, General Member File Number(s): MV 21/41440