Coverall NSW Pty Limited v Chaw [2013] NSWDC 59

District Court New South Wales

Medium Neutral Citation: Coverall NSW Pty Limited v Chaw [2013] NSWDC 59 Hearing dates: 21-22 January 2013 Decision date: 22 January 2013 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: 1. Appeal is dismissed. 2. Affirm the decision of the Tribunal. 3. The plaintiff to pay the defendant's costs, those costs not to include any charges for time spent in preparation for the hearing or at the hearing by the defendant personally other than costs which might properly be classified as a disbursement. 4. The exhibits to be returned. Catchwords: APPEAL FROM CONSUMER TRADER AND TENANCY TRIBUNAL - "consumer" - "supplier" - "goods" - "services" - "consumer claim" - jurisdiction - costs of self-represented party Legislation Cited: Competition and Consumer Act 2010 (Cth), s 86 Consumer Claims Act 1998, s 3, s 3A, s 4, s 7, s 13 Consumer, Trader and Tenancy Tribunal Act 2001, s 5, s 21 Cases Cited: Cachia v Hanes (1994) 179 CLR 403; [1994] HCA 14 Everett v Neale [2012] NSWDC 73 Everett v Neale [2012] NSWDC 83 Preston v Commissioner of Fair Trading [2011] NSWCA 40 Category: Principal judgment Parties: Coverall NSW Pty Limited (ACN 123 962 461) (plaintiff) Chi Chaw (defendant) Representation: Ms J Petrolo (plaintiff) HWL Ebsworth Lawyers (plaintiff) Self-represented (defendant) File Number(s): 2012/300980 Publication restriction: No Decision under appeal Date of Decision: 2012-09-03 00:00:00 Before: C Paull File Number(s): GEN 12/22121