John Kucza v Community Training Australia Pty Ltd [2014] NSWCATCD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: John Kucza v Community Training Australia Pty Ltd [2014] NSWCATCD 16 Hearing dates: 29 November 2013 Decision date: 17 January 2014 Jurisdiction: Consumer and Commercial Division Before: G Bassett, General Member Decision: Course fees are not due and owing in respect of course fees from and including Stage 2 of the applicants counselling course. The name of the respondent is amended from Community Training Australia to Community Training Australia Pty Ltd Legislation Cited: Consumer Claims Act Fair Trading Act 1987 NSW Competition and Consumer Act 2010 Category: Principal judgment Parties: John Kucza (the applicant) Community Training Australia Pty Ltd (the respondent) File Number(s): GEN 13/56412

reasons for decision

Application 1The application was lodged on 31 October 2013. A written statement was provided with the application. 2The matter came before me on 29 November 2013. There was no appearance by the respondent. There appeared on the Tribunal file a copy of a notice of hearing addressed to the respondent dated 12 November 2013. That notice was sent to 3 different addresses, at least one being the registered office and another being the principal place of business for the respondent. This notice advised of the time and location of the hearing. I perused the Tribunal emails and documents sent. There was no communication from the respondent explaining the absence. Being aware of the Registrar's standard practices in notifying parties of the time and place of hearing as set out in her statutory declaration of 29 February 2012, I was satisfied notice of hearing of today's proceedings was posted to the respondent and it had been given notice of the hearing and that the hearing notice had not been returned. 3Further, I was satisfied that the justice of the case requires the matter proceed in the absence of respondent having regard to the fact that the notice of hearing indicated the matter was for hearing and conciliation. Further, the applicant indicated that fees were being charged on an ongoing basis and he would suffer significant prejudice if the matter was adjourned and not released on the hearing date that had been set. That notice also contained the following warning to parties: "It is important you are on time as the Tribunal may decide the matter in your absence. The decision made will be binding on you". Further information on the back side of the hearing notice indicated steps a party might take to seek an adjournment if attendance at hearing was not possible. No such request had been made by the respondent.