McGinn v Fitness First Australia Pty Ltd [2024] NSWCATAP 209

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McGinn v Fitness First Australia Pty Ltd [2024] NSWCATAP 209 Hearing dates: 11 October 2024 Date of orders: 21 October 2024 Decision date: 21 October 2024 Jurisdiction: Appeal Panel Before: Balla ADCJ Principal Member Andelman L Senior Member Decision: (1) Leave to appeal is refused. (2) The Appeal is otherwise dismissed. Catchwords: APPEAL – consumer law – words and phrases – meaning of the expression "In the event I am wrong" – damages - no error Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Australian Consumer Law (NSW) Category: Principal judgment Parties: Sophia McGinn (Appellant) Fitness First Australia Pty Ltd (Respondent) Representation: Appellant (Self-represented) Respondent (Self-represented) File Number(s): 2024/00265015 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 28 June 2024 Before: M Terceiro, General Member File Number(s): 2024/00103084

REASONS FOR DECISION 1. On 18 March 2024 Ms McGinn filed a Consumer Claim Application in the Tribunal against Fitness First Australia Pty Ltd ("Fitness First") for damages claiming breaches of contract and consumer guarantee obligations. 2. Fitness First denied that it had breached the contract or its consumer guarantee obligations. 3. The Tribunal dismissed Ms McGinn's claim on 28 June 2024. 4. Ms McGinn has appealed from that decision.