Starr v Johnston [2023] NSWCATAP 190

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Starr v Johnston [2023] NSWCATAP 190 Hearing dates: 6 March 2023 Date of orders: 14 July 2023 Decision date: 14 July 2023 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member D Fairlie, Senior Member Decision: (1) Leave to appeal is refused. (2) In order 1 of the Tribunal Decision dated 8 December 2022 (as amended on 22 December 2022), the date for the completion of the works by the respondents is extended from 8 June 2023 to 8 December 2023. (3) In order 2 of the Tribunal Decision dated 8 December 2022(as amended on 22 December 2022) the date for delivery of the vehicle by the owner to the respondents' place of business is extended from 8 January 2023 to 11 August 2023. Catchwords: APPEALS — Procedural fairness — Adequacy of reasons --- Whether a total failure of consideration Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 62, 80, 81, Sch 4, cl 12, Sch 6, cl 11 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Motor Dealers and Repairers Act 2013 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Baltic Shipping Company v Dillon (1993) 176 CLR 344; [1993] HCA 4 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Director of Public Prosecutions v Tiller [2023] NSWSC 187 JP v Director of Public Prosecutions [2015] NSWSC 1669 New South Wales Land and Housing Corporation v Orr [2019] 100 NSWLR 578; [2019] NSWCA 231 Origin Concepts Pty Ltd v Wynne [2022] NSWCATAP 31 P8 Auto Ltd t/as European Automotive Ballina v Dolling [2022] NSWCATAP 41 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Shepherd v Nestoriadis [2015] NSWSC 348 Soulemezis v Dudley (Holdings) Pty Limited (1987) NSWLR 247 Williams v The Queen (1986) 161 CLR 278; [1986] HCA 88 Zhang v Andrew Pine Furniture Pty Limited [2004] NSWCA 250 Texts Cited: NCAT Policy 2, Publishing Reasons for Decisions Category: Principal judgment Parties: Mervyn James Starr (Appellant) D Johnston and N Ball trading as Coolah Custom Cars (Respondent) Representation: Appellant (Self Represented) Respondent (Self Represented) File Number(s): 2023/00003399 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 8 December 2022 Before: H Smith, General Member File Number(s): MV 22/43113