Perry Properties Pty Ltd v Fire and Rescue NSW, Perry Properties Pty Ltd v Fire and Rescue NSW [2023] NSWCATCD 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Perry Properties Pty Ltd v Fire and Rescue NSW, Perry Properties Pty Ltd v Fire and Rescue NSW [2023] NSWCATCD 18 Hearing dates: 13 February 2023 Date of orders: 21 February 2023 Decision date: 21 February 2023 Jurisdiction: Consumer and Commercial Division Before: G Ellis SC, Senior Member Decision: In GEN 22/42741 1. The applicant is to pay the second respondent $1,688 immediately. 2. As against the first respondent, the application is dismissed. In GEN 22/43753: 1. The applicant is to pay the second respondent $1,776 immediately. 2. As against the first respondent, the application is dismissed. Catchwords: CONSUMER CLAIM - Misleading and deceptive conduct - whether representation adopted or endorsed - whether reliance on representation CONSUMER CLAIM – Order for payment of specified amount where applicant contended that amount was not payable Legislation Cited: Australian Consumer Law, s 18 Competition and Consumer Act 2010 (Cth) - Sch 2 Fair Trading Act 1987 (NSW) – ss 28, 79D, 79E, 79F, 79I, 79K, 79L, 79N, 79O, 79U Fire and Rescue NSW Act 1989 – ss 11(1), 42(1)(e), 42(1A), 79A Cases Cited: Buses and 4WD Hire Pty Limited v Richardson [2016] NSWCATAP 24 Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60 Australian Competition and Consumer Commission v Channel Seven Brisbane Pty Ltd [2009] HCA 19 Google v Australian Competition and Consumer Commission [2013] HCA 1 Texts Cited: None cited Category: Principal judgment Parties: In GEN 22/42741: Applicant – Perry Properties Pty Ltd First Respondent – Fire and Rescue NSW Second Respondent – Romteck Grid Pty Ltd