My Fashion Republic Pty Ltd t/as Cosette v Pennisi [2024] NSWCATAP 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: My Fashion Republic Pty Ltd t/as Cosette v Pennisi [2024] NSWCATAP 187 Hearing dates: 26 August 2024 Date of orders: 1 October 2024 Decision date: 01 October 2024 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member D Fairlie, Senior Member Decision: 1. The appeal is allowed. 2. The decision of the Tribunal of 14 May 2024 in matter 2024/00003013 is set aside, and in lieu thereof it is ordered that the application is dismissed. 3. On or before 29 October 2024, the respondent is to repay to the appellant the $1,672 it had previously paid to her pursuant to the Tribunal's order of 14 May 2024. 4. By 8 October 2024, that the respondent is to indicate to the appellant whether she wishes the St Laurent Lou Camera Bag she purchased to be returned to her. If she does, the appellant may mail the St Laurent Lou Camera Bag to the respondent. Otherwise, the appellant may dispose of the St Laurent Lou Camera Bag as it thinks fit. Catchwords: APPEALS – denial of procedural fairness – probative evidence to prove a claim Legislation Cited: Australian Consumer Law (NSW), s 54 Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 80; c; c12 of Sch 4 Fair Trading Act 1987 (NSW), s 79U(1) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Fam v Assassin Pert Control Pty Ltd t/as Assassin Kora v Ian's Roofing Pty Ltd [2023] NSWCATAP 42 Pest Control [2024] NSWCATAP 106 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Yang v My Fashion Republic Pty Ltd t/as Cosette, proceedings 2024/00032118, 25 August 2024 YJY v YJX [2024] NSWCATAP 179 Texts Cited: None Cited Category: Principal judgment Parties: My Fashion Republic Pty Ltd t/as Cosette, Appellant Ruby Pennisi, Respondent Representation: Counsel: P Ibrahim (Appellant)