Advertising Printing Australia Pty Ltd v Silverwater Plumbing Pty Ltd [2024] NSWCATAP 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Advertising Printing Australia Pty Ltd v Silverwater Plumbing Pty Ltd [2024] NSWCATAP 8 Hearing dates: 7 November 2023 Date of orders: 16 January 2024 Decision date: 16 January 2024 Jurisdiction: Appeal Panel Before: S Thode, Principal Member P H Molony, Senior Member Decision: (1) Appeal allowed. (2) Leave to appeal under cl 12(1)(c) of Sch 4 of the Civil and Administrative Tribunal Act 2013 (NSW) is refused. (2) The decision made by the Tribunal on File Number GEN 23/27835 on 12 July 2023 is set aside and the matter is remitted to the Consumer and Commercial Division to be reconsidered with further evidence allowed. Catchwords: APPEALS – leave to appeal - new evidence – leave to appeal under cl 12(1)(c) Sch 4 of the Civil and Administrative Tribunal Act 2013 refused – failure to consider relevant consideration - damages – inadequacy of reasons – no explanation of how damages assessed. PROCEDURE – ex parte hearing under rule 35 of the Civil and Administrative Tribunal Rules 2014 - failure to take into consideration undefended hearing evidence which could constitute a complete defence to claim – Tribunal's obligation to satisfy itself that claim made out – failure to consider a relevant consideration. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Allianz Australia Insurance Ltd v Cervantes (2012) 61 MVR 443, [2012] NSWCA 244 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd [2006] FCA 1427 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Craig v The State of South Australia (1995) 184 CLR 163 Crescendo Management Pty Ltd v Westpac Banking Corporation (1988) 19 NSWLR 40 Eadie v Harvey [2017] NSWCATAP 201 Elsayed v Tassone [2022] NSWCATAP 69 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Mifsud v Campbell (1991) 21 NSWLR 725 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Rodger v De Gelder (2015) 71 MVR 514, [2015] NSWCA 211 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Troy Hood trading as UR Place Landscape v Rutten [2016] NSWCATAP 250 Universe Tankships Inc of Monrovia v International Transport Workers Federation ("The Universe Sentinel") [1983] AC 366 Waters v Waghorn [2016] NSWCATAP 247 Texts Cited: Lexis Nexis Australia, Halsbury's Law of Australia, at [325-6925] Category: Principal judgment Parties: Advertising Printing Australia Pty Ltd (Appellant) Silverwater Plumbing Pty Ltd (Respondent) Representation: K Bajaj (Agent) (Appellant) K Karham (Agent) (Respondent) File Number(s): 2023/00234773 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 12 July 2023 Before: J Levingston, General Member File Number(s): GEN 23/27035