Rebekah Wright v MWT Institute Pty Ltd [2014] NSWCATCD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rebekah Wright v MWT Institute Pty Ltd [2014] NSWCATCD 26 Hearing dates: 29 January 2014 Decision date: 14 March 2014 Jurisdiction: Consumer and Commercial Division Before: J Lennard, General Member Decision: 1. The application is dismissed because the Tribunal has no jurisdiction to determine the application, and the applications are made out of time, s7(4) of the Consumer Claims Act applies. 2. The respondent's name MWT, is amended to MWT Institute Pty Ltd. NCAT notes that the applicant was not present and that several attempts to contact the applicant on the number supplied were unsuccessful. Category: Principal judgment Parties: Rebekah Wright (applicant) MWT Institute Pty Ltd (respondent) File Number(s): GEN 13/66997

reasons for decision

APPLICATION 1The application was filed on 29 December 2013. The application expressly sought an order to refix or replace faulty goods would withdraw return goods to the value of $2000. Upon reading the file the member determined that the application was made in relation to an alleged failure by MWT Institute to provide online teaching services, including but not limited to a failure to grant an extension to the applicant of 12 months to complete her studies. 2The applicant was enrolled in the MWT Institute as a part-time student for the diploma of events course on 1 September 2010. The end date for the course was 26 August 2012.

Hearings and representation 3This matter was heard 29 January 2014. 4The applicant resides at Tocumwal in southern New South Wales, the respondent is located in South Yarra Victoria. 5The parties were not able to attend in person and the hearing was to be conducted by phone. The hearing was scheduled for 11:45 AM. 6The Tribunal called the number provided by the applicant at noon and again at three minutes past noon on each occasion the Tribunal was connected to a recorded message advising there was no service. The Tribunal then call the number provided by the respondents 12:05 PM and at 12:07 PM and was connected to a voicemail message. The Tribunal at 12:08 PM on 1-300 number provided on the letterhead from the respondent and was eventually successfully connected to the appropriate representative. After a brief conversation with the representative of the respondent and while that representative was still on the line, the Tribunal called the number provided by the applicant for a third time and effort to organise a conference call. At 12:14 PM the Tribunal was again connected to a recorded message advising there was no service at the applicant's phone number. 7A perusal of the file indicated that the applicant had been served with a notice of the hearing; no other phone number was recorded in the file. The Tribunal, having satisfied itself that the applicant had been duly served, determined that, in the light of the issues regarding its jurisdiction, the interests of justice required that the matter be proceeded with.