Elysia Sanders v Marvarela Pty Ltd t/as Elders Real Estate [2014] NSWCATCD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Elysia Sanders v Marvarela Pty Ltd t/as Elders Real Estate [2014] NSWCATCD 14 Hearing dates: 22 November 2013 Decision date: 16 January 2014 Jurisdiction: Consumer and Commercial Division Before: K Holwell, General Member Decision: The respondent is to pay the applicant the sum of $294.00 immediately. Legislation Cited: Property Stock and Business Agents Act 2002 Consumer Claims Act 1998 Category: Principal judgment Parties: Elysia Sanders (Applicant) Marvarela Pty Ltd t/as Elders Real Estate (Respondent) Representation: The applicant in person Mr M Howlett and Ms S Jones (respondent) File Number(s): COM 13/44106 and GEN 13/39574

reasons for decision

APPLICATIONS 1The applicant made two applications - one for re-payment of the fees the applicant paid to the respondent for the management of her Pottsville house and one for compensation for alleged breach of the management agreement by the respondent.

JURISDICTION 2The Tribunal has jurisdiction to hear and determine these applications pursuant to the legislation referred to above. The applicant is a consumer. The respondent is a supplier of management services. There was a supply to the applicant in New South Wales and the claim is brought within the time limit in the legislation.

PROCEEDINGS 3A directions hearing was held in respect of both matters on 30 August 2013. The cases could not be settled on that day and they were set down for hearing on 20 November 2013. The cases were heard on that day and thereafter the decision was reserved pending the giving of these reasons. The hearing was sound recorded.