Cheryl Foster v Mahamudur Rahman t/as Smarty Web Solutions [2014] NSWCATCD 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cheryl Foster v Mahamudur Rahman t/as Smarty Web Solutions [2014] NSWCATCD 17 Hearing dates: 15 November 2013 Decision date: 17 January 2014 Jurisdiction: Consumer and Commercial Division Before: G Bassett, General Member Decision: On or before 6 February 2014, the respondent is to pay the applicant $2,212.00. Catchwords: Services, delay, due skill and care Legislation Cited: Consumer Claims Act Section 28 Fair Trading Act 1987 NSW Section 56 Competition and Consumer Act 2010 Category: Principal judgment Parties: Cheryl Foster (Applicant) Smarty Web Solutions (Respondent) File Number(s): GEN 13/6686

reasons for decision

APPLICATION 1The application was lodged on 30 January 2013. A significant number of documents were attached to the application. 2The matter came before me on 12 March 2013. There was no appearance by the respondent. The matter was adjourned for hearing and orders made in relation to lodgement of documents. The registered office of the respondent in Melbourne was added as an address for service. 3At the next hearing on 23 May 2013 it became clear that the respondent may not have been served with a Notice of Hearing. The matter was adjourned. 4At the next hearing on 1 August the respondent contacted the Tribunal and said he had not received a copy of the application or the supporting documents. The matter was further adjourned to allow this to take place. The respondent was also given leave to appear by telephone. He was again given the opportunity to supply documents on which he intended to rely. 5On 24 October 2013 the respondent appeared by telephone. The registry had not sent the application and the supporting documents to the respondent. The matter was transferred to Tweed Heads from Lismore as this was more convenient to the applicant.