Williams v Australian Postal Corporation t/as Australia Post [2023] NSWCATCD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Williams v Australian Postal Corporation t/as Australia Post [2023] NSWCATCD 79 Hearing dates: 19 April 2023 Date of orders: 14 July 2023 Decision date: 14 July 2023 Jurisdiction: Consumer and Commercial Division Before: G A Kinsey, General Member Decision: 1. The Tribunal has jurisdiction to hear and determine the application. 2. The hearing is adjourned to a date to be fixed by the Registrar. 3. The applicant shall provide to the respondent and the Tribunal, either in person or by post, a copy of all documents (see note below), on which the applicant intends to rely at the hearing by 3 August 2023. 4. The respondent shall provide to the applicant and the Tribunal, either in person or by post, a copy of all documents (see note below), on which the respondent intends to rely at the hearing by 24 August 2023. IMPORTANT NOTE: For the purpose of these directions "document" means: - Witness statements / statutory declarations or affidavits - Expert reports - Photographs - Accounts or receipts - Quotations - Any other document to be relied upon - written submissions as to whether the claim is a consumer claim as defined in section 79E of the Fair Trading Act 1987; And all documents must be legible and in colour (if the original is in colour). 5. The documents provided by each party must be placed in a folder, each page must be numbered to provide easy identification by all concerned at the hearing. Folders provided to the Tribunal and to the other party(ies) must be identical and in the same order. The folder(s) should be marked with the name of the party and include: - an index - a chronology of significant events - all documents required by these directions And all documents must be legible and in colour (if the original is in colour). 6. A failure by a party to provide documents in accordance with the Tribunal orders may result in the party not being able to rely on the documents at the hearing, unless leave is granted to do so. 7. All evidence from a party's witness(es) in support of that party(ies) must be in the form of a statement, statutory declaration, affidavit or expert report as appropriate. Catchwords: JURISDICTION- Constitutional law- jurisdiction of Tribunal to determine application- does claim give rise to exercise of federal jurisdiction- whether statutory corporation carrying on business- is Tribunal exercising judicial power-is statutory corporation subject to State laws-meaning of federal matter Legislation Cited: Australian Postal Corporation Act 1989 (Cth) Competition and Consumer Act 2010 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Burns v Corbett (2018) 265 CLR 304 Dalton v Qantas Airways Ltd; Dalton v Morrison [2020] NSWCATCD 2 J S McMillan Pty Ltd & Ors v Commonwealth of Australia (1997) 77 FCR 337; [1997] FCA 619 Jenkinson v Chaw [2015] NSWCATAP 127 McKerrell v Australian Postal Corporation (unreported) (GEN23/01140 Orders made 4 May 2023) Murphy v Trustees of Catholic Aged Care Sydney [2018] NSWCATAP 275 Plath v Snowy Monaro Regional Council [2019] NSWCATAP165 Texts Cited: None Category: Principal judgment Parties: Michael Williams (Applicant) Australian Postal Corporation t/as Australia Post Representation: Michael Williams (Self represented) Jackson Wherrett (Counsel for Respondent) File Number(s): GEN 23/05351 Publication restriction: Unrestricted