AWD Cavallo Pty Ltd t/as Kutchenhaus v Turner [2024] NSWCATAP 197

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AWD Cavallo Pty Ltd t/as Kutchenhaus v Turner [2024] NSWCATAP 197 Hearing dates: 19 September 2024 Date of orders: 11 October 2024 Decision date: 11 October 2024 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President R Perrignon, Senior Member Decision: (1) Leave to appeal is granted, the appeal is allowed and the amount of $6375.00 in order 1 made 20 June 2024 in proceedings 2024/00075480 is varied to $325.00, that amount to be paid immediately. (2) Subject to order 3, each party is to pay their own costs of the proceedings. (3) If either party contends for a different order to that of order 3, the following directions apply: (a) 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. In this event, order 2 will cease and have no effect. (b) 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. (c) 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: CONTRACT LAW – mutual cancellation of contract – recovery of reasonable charges to date of cancellation – meaning of the expression "reasonable charges" – requirements for evidence to establish reasonable charges – relevance of other provisions in contract – sufficiency of evidence Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Cases Cited: Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337; [1982] HCA 24; Collins v Urban [2014] NSWCATAP 17 Khan v Kang [2014] NSWCATAP 48 Texts Cited: Nil Category: Principal judgment Parties: AWD Cavallo Pty Ltd t/as Kutchenhaus (Appellant) Julie Turner (Respondent) Representation: Solicitors: Gupta & Co Pty Ltd (Appellant) Respondents (Self-represented) File Number(s): 2024/00238694 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 20 June 2024 Before: Dr K George, General Member File Number(s): 2024/00074580