Flemings Property Services Pty Ltd v Raleigh [2023] NSWCATAP 294

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Flemings Property Services Pty Ltd v Raleigh [2023] NSWCATAP 294 Hearing dates: 14 August 2023 Date of orders: 03 November 2023 Decision date: 03 November 2023 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member L Wilson, Senior Member Decision: 1. In relation to the ground of appeal that the Tribunal erred in considering s 60 of the ACL, the appeal is allowed. 2. Leave to appeal is refused. 3. The appeal is otherwise dismissed. 4. Pursuant to s 81 of the Civil and Administrative Tribunal Act 2023 (NSW), in substitution for the orders of the Tribunal of 24 May 2023 in COM 23/02154, the Appeal Panel: (a) varies Order 1 so as to read: "The respondent FLEMINGS PROPERTY SERVICES PTY LTD is to pay the applicant WILLIAM RALEIGH of the sum of $8,144 by 6 June 2024"; (b) orders the respondent to immediately pay the appellant $2,150. 5. Each party is to pay their own costs of the appeal. Catchwords: Appeal – Procedural fairness – Notice of cause of action Appeal – Redetermination Appeal – Assessment of damages Legislation Cited: Australian Consumer Law, ss 18, 60 Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 81 Civil Liability Act 2002 (NSW) Property Stock and Station Agent Regulation 2014 (NSW) Cases Cited: Castellan v Electric Power Transmission Pty Ltd (1967) 69 SR (NSW) 159 Castle Constructions Pty Ltd v Fekala Pty Ltd and Ors [2005] NSWSC 642 James v Australia and New Zealand Banking Group Ltd [2018] NSWCA 41 Owners - Strata Plan No 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067 Sabouni v Revelop Building and Developments Pty Ltd [2021] NSWSC 31 Sotiros Shipping Inc. and Aeco Maritime S.A. v. Sameiet Solholt (1983) 1 Lloyds Rep, 605 Texts Cited: None Cited Category: Principal judgment Parties: Flemings Property Services Pty Ltd (Appellant) William Raleigh (Respondent) Representation: (Appellant) Self-represented (Respondent) Self-represented File Number(s): 2023/00197375 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2023] NSWCATCD Date of Decision: 24 May 2023 Before: S De Jersey, General Member File Number(s): COM 23/02154