Shaw v Alt [2024] NSWCATAP 178

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shaw v Alt [2024] NSWCATAP 178 Hearing dates: 11 September 2024 Date of orders: 17 September 2024 Decision date: 17 September 2024 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President S de Jersey, Senior Member Decision: 1. Leave to appeal is refused and the appeal is dismissed. 2. Within 7 days from the publication of these reasons, any applicant for costs (costs applicant) is to file and serve any application for costs (costs application) which is to include any evidence and submissions, submissions to be not more than 5 pages. 3. Within 14 days from the publication of these reasons, the respondent to the costs application is to file and serve any evidence and submissions in reply, submissions to be not more than 5 pages. 4. Within 21 days from the publication of these reasons, the costs applicant is to file and serve any submissions in reply (not more than 2 pages). Catchwords: ADMINISTRATIVE LAW – jurisdiction of the Tribunal under Part 6A of the Fair Trading Act 1987 (NSW) – whether the respondent is a supplier – meaning of the expression "carry on (or purporting to carry on) a business" – findings concerning whether a pony was owned by an agricultural partnership or by an individual – whether the Tribunal has jurisdiction to determine the sale of a pony – jurisdiction of the Tribunal concerning a contract not entered into in the course of carrying on a business – leave to appeal refused Legislation Cited: Australian Consumer Law (NSW) Constitution Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Fair Trading Act 1987 (NSW) National Parks and Wildlife Act, 1974 (NSW) Cases Cited: Al-Daouk v Mr Pine t\as Furnco Bankstown [2015] NSWCATAP 111 Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 Chief Commissioner of State Revenue v Tasty Chicks Pty Ltd [2012] NSWCA 181 Collins v Urban [2014] NSWCATAP 17 Green Square Garage Pty Ltd v ATM Corporation Pty Ltd t/as What You Wreckin [2021] NSWCATCD 92 Levy v Mercedes-Benz Australia/Pacific Pty Ltd (No 2) [2024] NSWCATAP 155 Lo v Chief Commissioner of State Revenue [2013] NSWCA 180 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 23 Plath v Snowy Monaro Regional Council [2019] NSWCATAP 165 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Smith v Capewell (1979) 142 CLR 509; [1979] HCA 48 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) [1999] HCA 3; (1999) 73 ALJR 306 Wilson v Chan & Naylor Parramatta Pty Ltd [2020] NSWCA 213 Texts Cited: Nil Category: Principal judgment Parties: Appellant: Kate Shaw First Respondent: Jane Alt Second Respondent: Christopher Alt Representation: Appellant (Self Represented) Kyle McCabe (First Respondent) (Second Respondent)