Richards v Lindley [2024] NSWCATAP 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Richards v Lindley [2024] NSWCATAP 91 Hearing dates: 30 November 2023 Date of orders: 20 May 2024 Decision date: 20 May 2024 Jurisdiction: Appeal Panel Before: K Ransome, Principal Member Dr J Lucy, Senior Member Decision: (1) Leave to appeal granted. (2) Appeal granted and the matter remitted to the Tribunal for reconsideration. (3) No order as to costs. Catchwords: APPEALS — appeal from consent orders — negotiations facilitated by Tribunal — Tribunal made error as to jurisdiction and powers — relevant principles — vulnerable applicant Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Cases Cited: Aboriginal Housing Office v Harrison [2021] NSWCATAP 97 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 McDonald v McDonald [2016] NSWCATAP 252 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Sylvaney v Carolan [2016] NSWCATAP 36 Yuen v Thom [2016] NSWCATAP 243 Texts Cited: Nil Category: Principal judgment Parties: Garry Richards (Appellant) Simon Lindley (Respondent) Representation: Appellant (self-represented) Respondent (self-represented) File Number(s): 2023/00307345 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 05 September 2023 Before: K Grafenauer, Member File Number(s): GEN 23/35755