Palmieri v Think Creative & Print Pty Ltd [2023] NSWCATAP 272

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Palmieri v Think Creative & Print Pty Ltd [2023] NSWCATAP 272 Hearing dates: 28 September 2023 Date of orders: 10 October 2023 Decision date: 10 October 2023 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President D Goldstein, Senior Member Decision: Leave to appeal is refused and the appeal is otherwise dismissed. Catchwords: APPEALS – challenge to findings concerning formation of contract, terms and whether contract breach – whether respondent failed to comply with the Australian Consumer Law (NSW) concerning consumer guarantees – whether leave to appeal should be granted on matters other than those raising a question of law Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW Fair Trading Act 1987 (NSW) Cases Cited: Al Daouk v Mr Pine t/a Furnco Bankstown [2015] NSWCATAP 111 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Collins v Urban [2014] NSWCATAP 17 Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd [1988] 14 NSWLR 523 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 The Australian Gas Light Company v Valuer-General (1940) 40 SR (NSW) 126 Texts Cited: Nil Category: Principal judgment Parties: Robert Palmieri (Appellant) Think Creative & Print Pty Ltd (Respondent) Representation: Appellant (Self-represented) Kelly Goodin, Managing Director (Respondent) File Number(s): 2023/00229310 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 21 June 2023 Before: M Deane, Senior Member File Number(s): GEN 22/41382