MD Monwar Hossain v South Western Sydney Local Health District [2014] NSWCATCD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MD Monwar Hossain v South Western Sydney Local Health District [2014] NSWCATCD 138 Hearing dates: 19 May 2014 Decision date: 23 July 2014 Before: C R Xuereb, General Member Decision: 1The Tribunal finds that a.The applicant is a consumer for the purposes of the proceedings currently before the Tribunal. b.The applicant's claim is a consumer claim within the meaning of s 3A of the Consumer Claims Act 1998. c.The Tribunal has jurisdiction to hear and determine the consumer claim. 2These proceedings are adjourned to a date to be fixed by the Registrar for a Directions Hearing for the purpose of making directions for the filing and serving of each party's evidence for a hearing of the substantive issues. Catchwords: Consumer, consumer claim, collateral contract, jurisdiction Legislation Cited: Consumer Claims Act 1998, Fair Trading Act 1987, The Australian Consumer Law Cases Cited: Burton v Chad One Pty Limited [2013] NSWDC 301 Manning Motel Pty Limited v DH MB Pty Limited [2013] NSWSC 1582 Norrie v NSW Registrar of Births, Deaths and Marriages [2013] NSWCA 145 Texts Cited: J. Gooley, P. Raden and I. Vickovich, Principles of Australian Contract Law (3rd ed 2014 LexisNexis Butterworths Australia) Category: Principal judgment Parties: MD Monwar Hossain (applicant) South Western Sydney Local Health District (respondent) Representation: M Turner, Solicitor (applicant) A Casselden, Barrister (respondent) Legal Aid New South Wales (applicant) Crown Solicitor (respondent) File Number(s): GEN 13/46850 Publication restriction: Nil