Cookson v Buyers Club Pty Ltd [2022] NSWCATCD 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cookson v Buyers Club Pty Ltd [2022] NSWCATCD 184 Hearing dates: 9 September 2022 Date of orders: 26 September 2022 Decision date: 26 September 2022 Jurisdiction: Consumer and Commercial Division Before: H Woods, Senior Member Decision: 1. The respondent is to pay to the Applicant the sum of $21,490.00 within 28 days. Catchwords: CONSUMER LAW — Consumer guarantees — Supply of services — Guarantee as to due care and skill CONSUMER LAW — Misleading or deceptive conduct — Representations as to future matters CONTRACTS — Construction and interpretation — Parol evidence rule — Subsequent conduct Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Franklins Pty Ltd v Metcash Trading Limited (2009) 76 NSWLR 603 Johnston v Brightstars Holding Company Pty Ltd [2014] NSWCA 150 Category: Principal judgment Parties: Paul Cookson (Applicant) Buyers Club Pty Ltd (Respondent) Representation: Applicant: In person Respondent: Ms S Mitri (Director) and Mr A Hallak. File Number(s): COM 22/11167 Publication restriction: Nil

REASONS FOR DECISION

INTRODUCTION 1. This dispute concerns a claim by the applicant arising out of the applicant having engaged the respondent to locate a house and land package. 2. The applicant appeared for himself. Ms Samara Mitri, the director of the respondent and Ali Hallak, being the person at the respondent whom the applicant mainly dealt with, appeared for the respondent. 3. The application was filed on 10 March 2022. It sought orders for the respondent to pay: (1) any difference between a contract build cost of $220,000.00 and the actual build cost, said to be at the time of filing $30,000,000; (2) $30,000.00 which the applicant says the respondent had agreed to pay as a rebate; (3) $6,450.00 as a refund of fees the applicant had paid the respondent; and (4) its costs incurred for the Tribunal. 4. Directions had been made for the parties to provide to the Tribunal and each other the documents they relied on including any witness statements affidavit or statutory declarations containing the evidence of any witnesses. 5. The applicant relied on a 112-page bundle of documents filed 4 August 2022. It contains a witness statement of the applicant dated 21 July 2022, a chronology of events, points of claim and annexures A to X referred to in the applicant's statement. 6. The respondent relied on a bundle of documents dated 23 August 2022. It did not include a statement, statutory declaration, or affidavit. Mr Ali gave short evidence that the first two pages of respondent's bundle was in effect a statement by him and that its contents were true and correct. The applicant cross examined Mr Ali.