Buyers Club Pty Ltd v Bhasin [2023] NSWCATAP 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Buyers Club Pty Ltd v Bhasin [2023] NSWCATAP 25 Hearing dates: 19 January 2023 Date of orders: 19 January 2023 Decision date: 03 February 2023 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member G Ellis SC, Senior Member Decision: 1. Appeal dismissed. Catchwords: ADMINISTRATIVE LAW — particular administrative bodies — NSW Civil and Administrative Tribunal – hearing – notice of hearing – no issue of principle CONTRACTS — implied terms — terms implied in fact – requirements for implication – no issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36(3) Corporations Act 2001 (Cth), s 109X Property and Stock Agents Act 2002 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW), rr 13(2)(b)(ii), 13(2)(h), 35 Property and Stock Agents Regulation 2014 (repealed), r 8(1)(a), Sch 7 cll 6, 9 Cases Cited: BP Refinery (Westernport) Pty Ltd v Hastings Shire Council 180 CLR 266; (1977) 52 ALJR 20; 16 ALR 363 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24; 149 CLR 337 Cominos v Di Rico [2016] NSWCATAP 5 Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd (2019) 101 NSWLR 679; [2019] NSWCA 185 Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd [1979] HCA 51; 144 CLR 596 Souleles v Todd [2016] NSWCA 91 Texts Cited: New South Wales Civil and Administrative Tribunal Guideline 1 - Internal Appeals Category: Principal judgment Parties: Buyers Club Pty Ltd (Appellant) Rahul Bhasin (First Respondent) Amanda Bhasin (Second Respondent) Representation: A Hallak (director of the Appellant) First Respondent (self-represented and on behalf of the Second Respondent) File Number(s): 2022/00322717 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 07 October 2022 Before: S Corley, General Member File Number(s): GEN 22/28460