Ahmed v Phase Projects Pty Ltd [2024] NSWCATAP 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ahmed v Phase Projects Pty Ltd [2024] NSWCATAP 92 Hearing dates: 29 April 2024 Date of orders: 28 May 2024 Decision date: 28 May 2024 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Blake AM SC, Senior Member Decision: (1) Appeal upheld. (2) Order 3 made at first instance is set aside. (3) The Appellant's application is remitted for rehearing limited to consideration of whether the Appellant should have any of the orders sought and identified in [8(1) to (5)] inclusive of the Decision having regard to the findings made by this Appeal Panel that the Respondent has breached its obligations under the Preliminary Agreement. (4) If the Appellant seeks an order for costs of the appeal she must lodge with the Tribunal an application within 14 days and serve a copy on the Respondent (whereupon the Appeal Panel will make further directions). Catchwords: APPEALS – consumer claim – whether Tribunal constructively failed to exercise its jurisdiction – interpretation of an agreement for provision of services – order for remittal for the purposes of calculation of damages Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 81, Sch 4, cl 12 Fair Trading Act 1987 (NSW), Pt 6A, s 79U Cases Cited: Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17 Dranichnikov v Minister for Immigration & Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 Jabbcorp (NSW) Pty Ltd v Strathfield Golf Club [2020] NSWSC 1317 Manca v Tullipan Homes Pty Ltd [2002] NSWCATAP 296 Najask Pty Ltd v Stow [2016] NSWSC 1511 Robinson v Harman (1848) 1 Exch 850; 154 ER 363 Tsung v Johnson [2022] NSWCATAP 151 Category: Principal judgment Parties: Farah Ahmed (Appellant) Phase Projects Pty Ltd (Respondent) Representation: Counsel: C Bolger (Respondent)