O’Riordan v Brown [2024] NSWCATAP 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Riordan v Brown [2024] NSWCATAP 3 Hearing dates: 9 October 2023 Date of orders: 8 January 2024 Decision date: 08 January 2024 Jurisdiction: Appeal Panel Before: L. Wilson, Senior Member D. Goldstein, Senior Member Decision: 1. By consent, the name of the second respondent is amended to Letoli4 Prestige Pty Ltd 2. The appellant's appeal against the decision of the Tribunal that he pay the respondents $3,281.00 is dismissed. 3. Leave to appeal is granted in connection with the Tribunal's decision dismissing the appellant's claim for $15,569.00. 4. The appeal is allowed in connection with the Tribunal's decision dismissing the appellant's claim for $15,569.00. 5. The proceedings are remitted to the Consumer and Commercial Division of the Tribunal differently constituted on the same evidence as was filed in the proceedings at first instance. 6. The stay order made in favour of the appellant on 16 August 2023 is discharged. Catchwords: APPEAL – Exclusive selling agency agreement – No sale – Liability for disbursements – Section 55A of the Property and Stock Agents Act 2002 (NSW) - No compensation for property owner – Failure to allow procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 Property and Stock Agents Act 2002 (NSW) Cases Cited: Bianco Walling Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union (2020) 275 FCR 385 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Italiano v Carbone & Ors [2005] NSWCA 177 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 National Companies and Securities Commission v News Corporation Ltd (1984) 156 CLR 296 at 311-312; [1984] HCA 29 Pholi v Wearne [2014] NSWCATAP 78 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Ryan v BKB Motor Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Michael O'Riordan (appellant) Gary Phillip Brown (first respondent) LETOLI4 Prestige Pty Ltd (second respondent) Representation: Appellant (self-represented) First respondent (self-represented) P Haines (director) (second respondent) File Number(s): 2023/00246232 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 16 June 2023 Before: A. Lynch, General Member File Number(s): 2023/00408643, GEN 23/08305