Abdelmessiah v Lifestyle Marketing Pty Limited [2022] NSWCATCD 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abdelmessiah v Lifestyle Marketing Pty Limited [2022] NSWCATCD 103 Hearing dates: 20 May 2022 Date of orders: 06 July 2022 Decision date: 06 July 2022 Jurisdiction: Consumer and Commercial Division Before: P Zammit, General Member Decision: The Tribunal orders: 1. The Tribunal has jurisdiction to deal with the claim. 2. The matter is to be listed for a hearing on a date to be fixed Catchwords: CONSUMER LAW - Jurisdiction - Civil and Administrative Tribunal Legislation Cited: Australian Consumer Law (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Mercier Rouse Street Pty Ltd v Burness [2014] VSCA Texts Cited: Nil Category: Procedural rulings Parties: Eva Abdelmessiah (First Applicant) Antionette Abdelseed (Second Applicant) Lifestyle Marketing Pty Limited trading as RE/MAX Lifestyle Marketing (First Respondent) Universal Property Group Pty Limited trading as The Bathla Group (Second Respondent) Representation: Counsel: B Anderson (First Respondent) I Chatterjee (Second Respondent)

Solicitors: Sparke Helmore (First Respondent) Northern Beaches Construction Lawyers (Second Respondent) File Number(s): GEN 21/45800 Publication restriction: NIL

REASONS FOR DECISION

Introduction 1. This matter involves the applicant's claim for loss and damages from the first and second respondents. The applicant alleges that the respondents have contravened the Australian Consumer Law ("ACL") by making representations in breach of sections 18 and/or 30(c). 2. The matter has initially been before the Tribunal for a determination on whether the Tribunal has jurisdiction to hear the substantive components of this claim.