NSW Caselaw
New South Wales Supreme Court
CITATION : Fitness First v Chong [2008] NSWSC 800
HEARING DATE(S) : 4 August 2008
JUDGMENT DATE : 7 August 2008
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
(1) The appeal is upheld. DECISION : (2) The order made by Tribunal Member Reid dated 15 August 2007 is set aside. (3) Judgment is entered in favour of Fitness First (Australia) Pty Limited. (4) There be no order as to costs.
CATCHWORDS : APPEAL - CTTT - refund of fee for cancellation of gym membership
LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001
CATEGORY : Principal judgment
Chapman v Taylor & Ors; Vero Insurance Ltd v Taylor & Ors [2004] NSWCA 456 Italiano v Carbone [2005] NSWCA 177 CASES CITED : Kalokerinos & Anor v HIA Insurance Services Pty Ltd & Anor [2004] NSWCA 312 Maconachie v Kullenburg & Ors [2005] NSWCA 294 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd and Ors (2004) 211 ALR 342
Fitness First (Australia) Pty Limited (Plaintiff) PARTIES : Suh Yoke Chong (First Defendant) CTTT (Second Defendant)
FILE NUMBER(S) : SC 30101/2007
COUNSEL : P Thew (Plaintiff)
SOLICITORS : S Y Chong (First Defendant) Crown Solicitor (Second Defendant)
LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW
LOWER COURT FILE NUMBER(S) : GEN 07/38849
LOWER COURT JUDICIAL OFFICER : Tribunal Member Reid
LOWER COURT DATE OF DECISION : 15 August 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
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