Michael Jackson v Michael Anthony Edser t/as Raceart Graphics [2014] NSWCATCD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Michael Jackson v Michael Anthony Edser t/as Raceart Graphics [2014] NSWCATCD 7 Hearing dates: 17 December 2013 Decision date: 10 January 2014 Jurisdiction: Consumer and Commercial Division Before: K Ross, General Member Decision: 1 The application is dismissed. Having considered the material placed before, it the Tribunal is not satisfied, at the civil standard of proof, that the grounds required to make the orders sought have been established. Legislation Cited: Motor Vehicle Repairs Act 1980 (NSW) Category: Principal judgment Parties: Michael Jackson (Applicant) Michael Anthony Edser t/as Raceart Graphics (Respondent) File Number(s): MV 13/46818

reasons for decision

The Proceedings 1The proceedings were commenced by application filed with the Tribunal on 5 September 2013. The application was listed on 14 October 2013. Both parties appeared but the matter could not be resolved and was adjourned for formal hearing. Directions were made for the exchange and filing of evidence. The applicant provided his evidence to the Tribunal and to the respondent. However the respondent failed to do so. The matter was listed for hearing on 17 December 2013. The respondent produced a bundle of documents. The Tribunal gave the applicant an opportunity to consider the documents and request an adjournment if necessary. The applicant stated that he did not wish the matter to be adjourned. The Tribunal allowed the admission of the documents produced by the respondent and the hearing proceeded. At the conclusion of the hearing the Tribunal reserved the decision.

The Application 2The applicant claims the sum of $5,000.00 as a refund of the amount paid to the respondent as a deposit in circumstances where the applicant has become aware that the respondent does not hold a license for the contracted work, and where he says that there has been little or no work done to date. The respondent opposes the order sought and says that he has done work to the value of the monies paid.