Matysik v EBay Australia New Zealand Pty Ltd [2023] NSWCATAP 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Matysik v EBay Australia New Zealand Pty Ltd [2023] NSWCATAP 201 Hearing dates: 13 June 2023 Date of orders: 24 July 2023 Decision date: 24 July 2023 Jurisdiction: Appeal Panel Before: G Ellis SC Senior Member P H Molony, Senior Member Decision: (1) Insofar as it is required, leave to appeal is refused. (2) The Appeal is dismissed. Catchwords: CONSUMER LAW — Jurisdiction — NSW Civil and Administrative Tribunal Consumer and Commercial Division — Jurisdiction and powers APPEALS — Further evidence not admitted — Evidence available at hearing – no question of law – leave to appeal refused Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013, s 80, s 81, cl 12(1) of Sch 4 Civil and Administrative Tribunal Regulation 2022 , cl 9 Fair Trading Act 1987, s 79E. s 79G Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Baranowski v Walker [2023] NSWCATAP 59 Bickerton v McSelan Holdings Pty Ltd [2019] NSWCATAP 155 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Craig v The State of South Australia (1995) 184 CLR 163 Cuthbert v The Owners – Strata Plan No 34194 [2023] NSWCATAP 107 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 357 ALR 408 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None Category: Principal judgment Parties: Matthew Matysik (Appellant) EBay Australia New Zealand Pty Ltd (Respondent) Representation: Appellant (Self-represented) Corrs Chambers Westgarth (Respondent) File Number(s): 2023/00118174 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 16 March 2023 Before: C Campbell, General Member File Number(s): GEN 22/56124