Marks trading as Ministry of Design v Emdek Pty Ltd trading as Safety Glasses Online [2024] NSWCATAP 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Marks trading as Ministry of Design v Emdek Pty Ltd trading as Safety Glasses Online [2024] NSWCATAP 63 Hearing dates: 15 March 2024 Date of orders: 12 April 2024 Decision date: 12 April 2024 Jurisdiction: Appeal Panel Before: R Seiden SC, Principal Member Dr R Dubler SC, Senior Member Decision: (1) Appeal dismissed. (2) No order as to costs of the appeal. Catchwords: CONSUMER CLAIMS — breach of procedural fairness — whether on a re-hearing the finding that the Respondent received no benefit from the consumer contract following lawful termination should be disturbed — on a re-hearing Appeal Panel is satisfied that the original orders should stand Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2013 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Haritos v Commissioner of Taxation (2015) 233 FCR 315; [2015] FCAFC 92 Kudrynski v Orange City Council [2024] NSWCA 33 Texts Cited: Nil Category: Principal judgment Parties: Kristopher Marks t/as Ministry of Design (Appellant) Emdek Pty Ltd t/as Safety Glasses (Respondent) Representation: Appellant (self-represented) E Richards (Director) (Respondent) File Number(s): 2023/00449813 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 November 2023 Before: S Hanstein, Tribunal Member File Number(s): GEN 23/25636