Stafford v On Water Services Pty Ltd t/a Batemans Bay Marine [2024] NSWCATAP 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stafford v On Water Services Pty Ltd t/a Batemans Bay Marine [2024] NSWCATAP 136 Hearing dates: 2 April 2024 Date of orders: 15 July 2024 Decision date: 15 July 2024 Jurisdiction: Appeal Panel Before: S Thode, Principal Member D Robertson, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. 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 ss 55, 159, 160, 163 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Moloney v Taylor [2016] NSWCA 199 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Pollock v Hicks [2015] NSWCA 122 Ros v Commissioner of Police [2020] NSWCATAP 70 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Volkswagen Group Australia Pty Ltd v Saad [2022] NSWCATAP 133 Category: Principal judgment Parties: Gary Robert Stafford (Appellant) On Water Services Pty Ltd trading as Batemans Bay Marine (Respondent) Representation: Appellant (self-represented) H McDonald (Batemans Bay Marine) (Respondent) File Number(s): 2023/00460909 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 15 August 2023 Before: C Campbell, General Member File Number(s): 2023/00387680 (previously GEN 23/31737)