Paulmir Unit Trust & Spiteri Family Trust trading as Hi Tech Marine NSW v Akbari [2022] NSWCATAP 309

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Paulmir Unit Trust & Spiteri Family Trust trading as Hi Tech Marine NSW v Akbari [2022] NSWCATAP 309 Hearing dates: 22 August 2022 Date of orders: 28 September 2022 Decision date: 28 September 2022 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member R Titterton OAM, Senior Member Decision: (1) The appeal is allowed. (2) The orders of 17 May 2022 in proceedings MV 22/17310 are set aside. (3) The Appellants are jointly and severally liable to and shall forthwith pay to the Respondent the sum of $5,500. Catchwords: APPEAL- consumer claim- whether Tribunal erred in failing to award damages for breach of contract and granting relief in the nature of specific performance Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Aristoc Industries Pty Ltd v RA Wenham (Builders) Pty Ltd [1965] NSWR 581 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Dougan v Ley [1946] HCA 3; (1946) 71 CLR 142 Edwards v Noble [1971] HCA 54; (1971) 125 CLR 296 Gallagher v R [1986] HCA 26 Marcolongo v Mattiussi [2000] NSWSC 834 McIntosh v Dalwood (No 4) (1930) 30 SR (NSW) 415 Mraz v The Queen [1955] HCA 59; [1955] CLR 493 Ros v Commissioner of Police [2021] NSWCATAP 70 State Rail Authority of New south Wales v Consumer Claims Tribunal (1988) 14 NSWLR 473 Texts Cited: Young, Croft, Smith, On Equity, 2009 Category: Principal judgment Parties: Pauline Spiteri and Amir Mazhari as trustees of the Paulmir Unit Trust trading as Hi Tech Marine NSW (First Appellant) Anthony Spiteri and Elizabeth Spiteri as trustees of Spiteri Family Trust trading as Hi Tech Marine NSW (Second Appellant) Kaveh Akbari (Respondent) Representation: Appellants(Self-represented) Respondent (Self represented) File Number(s): 2022/00189153 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 17 May 2022 Before: P Boyce, Senior Member File Number(s): MV 22/17310