McGinn v Kroopin [2024] NSWCATAP 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McGinn v Kroopin [2024] NSWCATAP 33 Hearing dates: 8 February 2024 Date of orders: 07 March 2024 Decision date: 07 March 2024 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member L Wilson, Senior Member Decision: 1. The appeal from the Tribunal's decision dated 19 October 2023, the subject of written reasons dated 20 October 2023, is dismissed. 2. Leave to appeal from the Tribunal's decision dated 27 October 2023 is refused and the appeal is dismissed. 3. Each party is to pay their own costs of the appeal. Catchwords: CONSUMER LAW — jurisdiction — NSW Civil and Administrative Tribunal Consumer and Commercial Division — claim against director of supplier company who was not involved in the supply of services-supplier company de- registered after supply of the services-business of supplier company carried on by associated company-allegation of "illegal phoenix activity" — Tribunal found it had no jurisdiction to determine claim-following the decision applicant asked the Tribunal to recuse itself a bias in respect of outstanding question of costs this. APPEALS — questions of law concerning jurisdiction of the Tribunal — decision of the Tribunal upheld — second decision about recusal for bias upheld where not attended by sufficient doubt. Legislation Cited: Australian Consumer Law (NSW), ss 60, 236, 267(4) Civil and Administrative Tribunal Act 2013 (NSW), ss 28, 29(1), 62, 63, 80 Corporations Act 2001 (Cth) Crimes Act 1900 (NSW), s 192E Fair Trading Act 1987 (NSW), ss 28(1), 78J, 79E, 79J, 79L Home Building Act 1989 (NSW), s 48K Cases Cited: Champion Homes Pty Limited v Guirgis [2018] NSWCATAP 54 Infinity Security Group Pty Limited v Commissioner of Police, NSW Police Force [2023] NSWCATAP 173 Texts Cited: Nil Category: Principal judgment Parties: Sophia McGinn (Appellant) Nick Kroopin (Respondent) Representation: Appellant (Self-Represented) Respondent (Self-Represented) File Number(s): 2023/00356039 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 19 October 2023 Before: D Ash, General Member File Number(s): HB 23/29673