Therese Jenner v Kanga Birtles [2014] NSWCATCD 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Therese Jenner v Kanga Birtles [2014] NSWCATCD 63 Hearing dates: 22 April 2014 Decision date: 06 May 2014 Before: J Levingston, General Member Decision: Transfer of proceedings These proceedings are to be transferred to the NSW Local Court at Nowra (in accordance with the rules of that court) as a Court that has jurisdiction in the matter, and to continue before that court as if the proceedings had been instituted there. Catchwords: Admiralty - Tribunal has no jurisdiction - transfer to Local Court of NSW Legislation Cited: Admiralty Act 1988 (Cth) Australian Consumer Law (NSW) Civil and Administrative Tribunal Act (NSW) 2013 Constitution s 77(iii) Consumer Claims Act 1998 (NSW) ("CCA") Trade Practices Act 1974 (Cth) Cases Cited: China Shipping (Australia) Agency Co Pty Limited v D V Kelly Pty Limited [2010] NSWSC 1556 Da Silva and Da Silva Constructions Pty Ltd v Bresond Pty Ltd [2008] NSWSC 158 Trust Company of Australia Limited (t/as Stockland Property Management) v Skiwing Pty Ltd (t/as Café Tiffany's) [2006] NSWCA 185 Category: Principal judgment Parties: Therese Jenner (applicant) Kanga Birtles (respondent) File Number(s): GEN 14/18884

reasons for decision

APPLICATION 1This is a claim concerning repairs to the applicant's yacht. The claim is brought under the Consumer Claims Act 1998 (NSW) ("CCA") and the Australian Consumer law (NSW) ("ACL"). However, it is also a claim to which the Admiralty Act 1988 (Cth) applies. 2The short facts of this matter are that the applicant is the owner of a yacht, the respondent carried out repairs to the applicant's yacht and a dispute arose about those repairs, after which the respondent declined to do more work and left the yacht tied up to a public wharf for the applicant to collect. The dispute is said to involve less than $10,000.00.