Jav Automotive Pty Ltd v Livermoore [2025] NSWCATAP 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jav Automotive Pty Ltd v Livermoore [2025] NSWCATAP 12 Hearing dates: 28 October 2024 Date of orders: 13 January 2025 Decision date: 13 January 2025 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member D Goldstein, Senior Member Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The decision of the Tribunal of 28 June 2024 is set aside. (4) The proceedings are remitted to the Consumer and Commercial Division of the Tribunal for hearing and redetermination by a differently constituted Tribunal on the evidence that was before the Tribunal at first instance. Catchwords: APPEALS — whether Tribunal decision not fair and equitable — whether Tribunal decision against the weight of the evidence Legislation Cited: Australian Consumer Law, s 54 Civil and Administrative Tribunal Act 2013 (NSW), s 80, cl 12 of Sch 4 Cases Cited: Bartel v Ryan [2018] NSWCATAP 231 Carolan v Haghparast [2023] NSWCATAP 121 Collins v Urban [2014] NSWCATAP 17 My Fashion Republic Pty Ltd t/as Cosette v Pennisi [2024] NSWCATAP 187 Palm Homes Pty Ltd v Kav's Constructions Pty Ltd [2015] NSWCATAP 113 at Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Sedghi v Liew [2024] NSWCATAP 6 Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204 Texts Cited: None cited Category: Principal judgment Parties: Jav Automotive Pty Ltd, Appellant Janelle Livermoore, Respondent Representation: S Jarvian – Director (Appellant) Respondent (Self Represented) File Number(s): 2024/00251748 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2024] NSWCATCD Date of Decision: 28 June 2024 Before: P Gardener, Member File Number(s): 2024/00058842