Snowtime Tours Pty Ltd v Lavecky [2022] NSWCATAP 219

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Snowtime Tours Pty Ltd v Lavecky [2022] NSWCATAP 219 Hearing dates: 3 June 2022 Date of orders: 6 July 2022 Decision date: 06 July 2022 Jurisdiction: Appeal Panel Before: T Simon, Principal Member R Dubler, Senior Member Decision: 1 Leave to appeal is refused. 2 The appeal is dismissed. 3 If the respondent seeks to press the costs of this appeal: (a) The respondent must provide to the appeal panel and the appellant any written submissions and documents, which he intends to rely on in relation to the costs application within 7 days after these orders. (b) The appellant is to provide to the appeal panel and the respondent any written submissions and documents, which the appellant intends to rely on in relation to the costs application within 14 days from the date of these orders. (c) The respondent is provide to the appeal panel and the appellant any further any written submissions and documents, which the appellant intends to rely on in reply within 21 days from the date of these orders. (d) Submissions must include submissions concerning whether an order should be made under s 50(2) of the Civil and Administrative Tribunal Act, 2013 dispensing with a hearing. Catchwords: CONSUMER LAW – frustration – s12 Frustrated Contract Act – onerous terms - Application for leave to appeal - what constitutes significant new evidence not reasonably available at the time the proceedings were dealt with PROCEDURE – failure to put to the parties a cause of action Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules Frustrated Contracts Act 1978 Cases Cited: Chapman v Taylor [2004] NSWCA 456 Codelfa Construction Pty. Ltd. v. State Rail Authority of N.S.W. (1982) 149 CLR 337 Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143; (2003) 131 FCR 28 Davis Contractors Ltd v Fareham Urban District Council [1956] UKHL 3 (1956) AC 696 Gem Ezy Flights Pty Ltd v Gribble [2021] NSWCATAP 76 Italiano v Carbone (2005) NSWCA 177 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Owen v Kim [2017] NSWCATAP 26 Texts Cited: Nil Category: Principal judgment Parties: Snowtime Tours Pty Ltd t/as Ski Kaos(Appellant) Daniel Lavecky (Respondent) Representation: Counsel: N Simone (Respondent)