Best Buy Auto Prestige Pty Ltd v Kaljund [2024] NSWCATAP 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Best Buy Auto Prestige Pty Ltd v Kaljund [2024] NSWCATAP 100 Hearing dates: 25 January 2024 Date of orders: 30 May 2024 Decision date: 30 May 2024 Jurisdiction: Appeal Panel Before: S Thode, Principal Member G Ellis SC, Senior Member Decision: (1) The application for an extension of time in which to lodge the appeal is refused. (2) The appeal is dismissed. (3) The appellant is to pay the respondent's costs of the appeal on the ordinary basis as agreed or assessed. (4) Should either party seek a different appeal costs' order, the following directions apply: (5) The appellant must file and serve written submissions on the issue of costs only (no more than 5 pages) within 14 days of the date of these orders. (6) The respondent must file and serve any written submissions in reply on the issue of costs only (no more than 5 pages) within a further 14 days of receipt of the appellant's submissions. (7) In any such submissions the parties are to address the matter of whether pursuant to the s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), the Appeal Panel should dispense with a hearing on the issue of the costs of the appeal, so that the issue is decided on the papers and with appearances of the parties not required. Catchwords: APPEALS- CONSUMER LAW– no error on a question of law established - whether leave to appeal should be granted – whether the appellant has suffered a substantial miscarriage of justice Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 NSW Australian Consumer Law Cases Cited: Collins v Urban [2014] NSWCATAP 17 Jackamarra v Krakouer (1998) 195 CLR 516 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Kelly v Szatow [2020] NSWSC 407 Tomko v Palasty (No 2) [2007] NSWCA 369 Texts Cited: Robinson and Lucy's "NCAT Practice and Procedure", Second Edition 2020 Spry, Equitable Remedies 9e - Equity - Common Law Category: Principal judgment Parties: Best Buy Autos Prestige Pty Ltd (Appellant) Raido Kaljund (Respondent) Representation: John Stonham & Co Lawyers (Appellant) Salerno Law (Respondent) File Number(s): AP 2023/00349497 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 25 August 2023 Before: S Bliim, General Member File Number(s): MV 23/27603