Kuhnell v Mazda Australia Pty Ltd [2022] NSWCATCD 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kuhnell v Mazda Australia Pty Ltd [2022] NSWCATCD 111 Hearing dates: 6 July 2022 Date of orders: 12 July 2022 Decision date: 12 July 2022 Jurisdiction: Consumer and Commercial Division Before: D Moss, General Member Decision: On 7 July 2022 the following orders were made: The Tribunal finds that it has jurisdiction to hear and determine the application for an order to be made against Insurance Australia Limited trading as Coles Insurance Group. Catchwords: CONSUMER CLAIM - Whether Tribunal has jurisdiction to hear and determine the application – Whether there are any matters arising under the Insurance Contracts Act 1984 (Cth) Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Fair Trading Amendment (Australian Consumer Law) Act 2010 (NSW) Insurance Contracts Act 1984 (Cth) Judiciary Act 1903 (Cth) Cases Cited: Qantas Airways Limited v Lustig [2015] FCA 253 LNC Industries Ltd v BMW (Australia) Ltd [1983] HCA 31 R v Commonwealth Court of Conciliation and Arbitration; exparte Barret [1945] 70 CLR 141 Mooregate Tobacco Co Ltd v Phillip Morris Ltd [1980] HCA 32 Fencott v Muller [1983] HCA 12 Felton v Mulligan [1971] HCA 39 China Shipping (Australia) Agency Co Pty Ltd v D V Kelly Pty Ltd [2010] NSWSC 1556 Attorney General for New South Wales v Gatsby [2018] NSWCA 254 Texts Cited: Nil Category: Principal judgment Parties: Paul Kuhnell, (Applicant) Mazda Australia Pty Ltd (First Respondent) Insurance Australia Limited trading as Coles Insurance Group (Second Respondent) Representation: Applicant (Self-represented) Ms Ironside (First Respondent)