Sheryl and David McMullen v Pottsville Beach Real Estate Pty Ltd [2014] NSWCATCD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sheryl and David McMullen v Pottsville Beach Real Estate Pty Ltd [2014] NSWCATCD 12 Hearing dates: 11 October 2013, 16 December 2013 Decision date: 16 January 2014 Jurisdiction: Consumer and Commercial Division Before: K Holwell, General Member Decision: The application is dismissed Catchwords: Money order for alleged breach of management contract Legislation Cited: Property Stock and Business Agents Act 2002 Consumer Claims Act 1998 Category: Principal judgment Parties: Sheryl McMullen, David McMullen (applicant) Pottsville Beach Real Estate Pty Ltd (respondent) File Number(s): GEN 13/17907

reasons for decision

APPLICATION 1By an application filed 4 April 2013 the applicants sought a money order in the sum of $9,950.00 alleging financial losses as a consequence of (a) the respondent not arranging tenants for the applicants' units; (b) the respondent not explaining parts of the management agreement and (c) the failure of the respondent's systems and internal processes.

JURISDICTION 2The Tribunal has jurisdiction to hear and determine this application pursuant to the legislation referred to above. The applicants are consumers. The respondent is a supplier of services in regard to the management of rental premises. The parties entered into agreements in respect of such management. The claim is a consumer claim and it is brought within the time limits in the legislation.

PROCEEDINGS 3A directions hearing was held on 19 April 2013. The case could not be settled on that day and it was set down for hearing. Owing to the unavailability of one of the parties the hearing did not take place until 11 October 2013 and 16 December 2013. Thereafter the decision was reserved pending the giving of these reasons. The hearing was sound recorded.