Daley v Budget Auto Group Pty Ltd [2024] NSWCATAP 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Daley v Budget Auto Group Pty Ltd [2024] NSWCATAP 149 Hearing dates: 27 June 2024 Date of orders: 1 August 2024 Decision date: 01 August 2024 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President D Goldstein, Senior Member Decision: 1. Leave to appeal is granted, the appeal is allowed and the orders made14 March 2024 in application 2024/00076640 are set aside. 2. The proceedings are remitted for hearing by a differently constituted Tribunal. 3. The remitted proceedings should be first listed for directions, the Tribunal on remittal to make such directions for the future conduct of the proceedings as it thinks fit. Catchwords: PRACTICE AND PROCEDURE – Tribunal Member acting as a conciliator and as the Member constituted to hear the dispute – obligations of Tribunal when performing dual role – power to set aside consent orders – duty of Tribunal to ensure parties understand nature of proceedings - incorrect and incomplete statements as to the law during conciliation – reliance by party consenting to orders on incorrect or incomplete statements made by Tribunal Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Motor Dealers and Repairers Act 2013 (NSW) Cases Cited: Aboriginal Housing Office v Harrison [2021] NSWCATAP 97 Keybridge Capital Limited v Molopo Energy Limited [2024] NSWSC 779 McDonald v McDonald [2016] NSWCATAP 244 Richards v Lindley [2024] NSWCATAP 9 Yuen v Thom [2016] NSWCATAP 243 Texts Cited: Nil Category: Principal judgment Parties: Marie Daley (Appellant) Budget Auto Group Pty Ltd (Respondent) Representation: Counsel: Mr S Fox (Appellant)