City Removalists & Storage Pty Ltd v Glavanics [2023] NSWCATAP 300

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: City Removalists & Storage Pty Ltd v Glavanics [2023] NSWCATAP 300 Hearing dates: 25 September 2023 Date of orders: 16 October 2023 Decision date: 16 October 2023 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member R C Titterton OAM, Senior Member Decision: 1. In so far as the appeal raises a question of law, the appeal is dismissed. 2. In so far as the appeal raises some other error, leave to appeal is refused and the appeal is otherwise dismissed. Catchwords: APPEALS – whether the Tribunal erred in allowing that there was a contract entered into between the parties in circumstances were one party was not aware that an agent was acting for an undisclosed principal – rationale for the doctrine of undisclosed principal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80, Sch 4, cl 12 Fair Trading Act 1987 (NSW), s 79J Cases Cited: Collins v Urban [2014] NSWCATAP 17 Keighley, Maxstead & Co v Durant [1901] AC 241 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: G E Dal Pont, Law of Agency (3rd ed, 2014, Lexis Nexis Butterworths) Category: Principal judgment Parties: City Removalists & Storage Pty Ltd (Appellant) Jasper Glavanics (Respondent) Representation: S Saka (Director) (Appellant) Respondent (self-represented) File Number(s): 2023/00237345 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2023] NSWCATCD Date of Decision: 29 June 2023 Before: P Boyce, Senior Member File Number(s): GEN 22/55691