Lewis v David Thomas Driving Adventures Pty Ltd [2024] NSWCATAP 170

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lewis v David Thomas Driving Adventures Pty Ltd [2024] NSWCATAP 170 Hearing dates: 19 August 2024 Date of orders: 5 September 2024 Decision date: 05 September 2024 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member G Burton SC, Senior Member Decision: (1) The name of the respondent is amended to: David Thomas Driving Adventures Pty Ltd. (2) The time for lodging the Notice of Appeal is extended to 6 May 2024. (3) Leave to appeal is granted. (4) The appeal is allowed. (5) The proceedings are remitted for hearing by a differently constituted Tribunal with the parties to submit afresh the evidence upon which they wish to rely. (6) The remitted proceedings should be first listed for directions on remittal to make such directions for the future conduct of the proceedings as the Tribunal thinks fit, having regard to these reasons. Catchwords: APPEALS – Time to appeal extended – leave to appeal granted – significant new evidence – inability to determine issues – need to remit for rehearing Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 (NSW) – s 80, s 81, Sch 4 cl 12 Civil and Administrative Tribunal Rules 2014 (NSW) – r 25 Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) – s 28 Cases Cited: Bauskis v Liew [2013] NSWCA 297 Benjamin & Khoury Pty Ltd v Rahme (No 4) [2023] NSWSC 1162 Collins v Urban [2014] NSWCATAP 17 Hamod v State of New South Wales [2011] NSWCA 367 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Appellant – Aaron Lewis Respondent – David Thomas Driving Adventures Pty Ltd Representation: Appellant – A Lewis Respondent – D Thomas File Number(s): 2024/00167341 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 19 December 2023 Before: S de Jersey, Senior Member File Number(s): 2023/00383232 (previously GEN 23/34998)