Soma Lasers Australia (Int) Pty Ltd v 97 Compression Pty Ltd trading as Estetiko Skin and Laser [2024] NSWCATAP 226

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Soma Lasers Australia (Int) Pty Ltd v 97 Compression Pty Ltd trading as Estetiko Skin and Laser [2024] NSWCATAP 226 Hearing dates: 15 August 2024 (Last submissions 26 September 2024) Date of orders: 15 November 2024 Decision date: 15 November 2024 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member G Ellis SC, Senior Member Decision: (1) An extension of time in which to appeal the Tribunal's decision of 8 May 2023 is refused. (2) The appeal is dismissed. (3) If the respondent wishes to make an application for costs, written submissions (not exceeding five pages) and any relevant supporting evidence are to be provided, to the Tribunal and the appellant, within 14 days of the date of these orders. (4) Any submissions (not exceeding five pages) and any relevant supporting evidence in response are to be provided by the appellant, to the Tribunal and the respondent, within the following 14 days. (5) Any submissions (not exceeding two pages) and any relevant evidence are to be provided by the respondent, to the Tribunal and the appellant, within the following seven days. Catchwords: APPEALS - Procedure – leave to appeal and extension of time for commencing appeal required - appeal from interlocutory decision after final decision – appeal from refusal of summary dismissal application by respondent to claim on basis that a release of claims in a Deed of Settlement released the claim – inconvenience and litigation prolonged by not appealing the interlocutory decision until after trial and final judgment – proper construction of terms of release - no substantial prospects of success to appeal from interlocutory order – required extension of time and leave to appeal refused. CONSUMER LAW - Enforcement and remedies - construction of deed of settlement – whether s 64 of the Australian Consumer Law applied Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd [2018] VSC 246 Champion Homes Pty Limited v Guirgis [2018] NSWCATAP 54 Chapmans Ltd v Australian Stock Exchange Ltd [1996] FCA 474; 67 FCR 402 Doggett v Commonwealth Bank of Australia [2015] VSCA 351; 47 VR 302 Grant v John Grant & Sons Pty Ltd [1954] HCA 23; 91 CLR 112 Infinity Security Group Pty Limited v Commissioner of Police, NSW Police Force [2023] NSWCATAP 173 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Maersk Crewing Australia Pty Ltd v CFMMEU [2021] FCAFC 231 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Mount Bruce Mining Pty Limited v Wright Prosecting Pty Limited [2015] HCA 37; 256 CLR 104 Reid v Commonwealth Bank of Australia [2022] NSWCA 134; (2022) 109 NSWLR 149, Sarina v Fairfax Media Publications Pty Ltd [2018] FCAFC 190 Tamworth Base Hospital v Durant [2000] NSWCA 209 Viterra Mall Pty Ltd v Cargill Australia Limited [2003] VSCA 157 Wardman v Macquarie Bank Limited [2023] FCAFC 13 Wright v Lemon [2024] WASCA 19 Texts Cited: None cited Category: Principal judgment Parties: Soma Lasers Australia (Int) Pty Ltd (Appellant) 97 Compression Pty Ltd trading as Estetiko Skin and Laser (Respondent) Representation: A Lennox, Director (Respondent)