Livock v My Fashion Republic Pty Ltd trading as Cosette [2024] NSWCATAP 196

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Livock v My Fashion Republic Pty Ltd trading as Cosette [2024] NSWCATAP 196 Hearing dates: 1 October 2024 Date of orders: 8 October 2024 Decision date: 08 October 2024 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Ellis SC, Senior Member Decision: (1) The time for lodging the Notice of Appeal is extended to 10 July 2024. (2) Leave to appeal is refused. (3) The appeal is otherwise dismissed. (4) Each party is to bear their own costs of the appeal. Catchwords: APPEALS – No error on a question of law – no basis for granting leave to appeal – application of established principles EVIDENCE – Expert evidence – requirements considered – weight to be given to such evidence Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Fair Trading act 1987 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Hancock v East Coast Timber Products Pty Limited [2011] NSWCA 11 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 Texts Cited: None cited Category: Principal judgment Parties: Cheryl Lillian Livock (Appellant)\ My Fashion Republic Pty Ltd trading as Cosette (Respondent) Representation: Solicitors: Applicant (Self-represented) Ashurst Australia (Respondent) File Number(s): 2024/00254712 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2024] NSWCATCD Date of Decision: 16 May 2024 Before: C Campbell, General Member File Number(s): 2023/00431230