My Fashion Republic Pty Ltd trading as Cosette v Ho [2024] NSWCATAP 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: My Fashion Republic Pty Ltd trading as Cosette v Ho [2024] NSWCATAP 191 Hearing dates: 05 September 2024 Date of orders: 03 October 2024 Decision date: 03 October 2024 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member P H Molony, Senior Member Decision: (1) Appeal allowed. (2) Each party is to bear their own costs of the appeal. (3) The orders made on 15 May 2024 are set aside and the following orders are substituted. (4) The respondent is to pay the appellant $1,438.94 immediately. (5) Within seven days of that payment being made, the appellant is to return the bag to the respondent (for the avoidance of doubt, at the appellant's cost). Catchwords: APPEALS – Reference to statutory provision at initial hearing – decision based on different statutory provision – no opportunity to meet that case – denial of procedural fairness EVIDENCE – Expert evidence – requirements considered – weight to be given to such evidence EVIDENCE – Burden of proof – observations on difference between legal burden and evidential burden Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Hancock v East Coast Timber Products Pty Limited [2011] NSWCA 11 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 Texts Cited: None cited Category: Principal judgment Parties: My Fashion Republic Pty Ltd trading as Cosette (Appellant) Yi Feng Percival Ho (Respondent) Representation: Counsel: J Ibrahim (Appellant)