Shirley Ford v Conrad Meder t/as Brian's Autoscreens & Glass [2014] NSWCATCD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shirley Ford v Conrad Meder t/as Brian's Autoscreens & Glass [2014] NSWCATCD 156 Hearing dates: 8 July 2014 Decision date: 21 August 2014 Before: J Lennard, General Member Decision: 1The application is dismissed. Catchwords: APPLICANT - failure to attend hearing - tribunal satisfied that notice of hearing was served on the applicant - failure by applicant to explain non-attendance - procedural fairness - application of guiding principle by tribunal Legislation Cited: Civil and Administrative Act 2013 (NSW) s 36, s 55 Category: Principal judgment Parties: Shirley Ford (applicant) Conrad Meder t/as Brian's Autoscreens & Glass (respondent) File Number(s): GEN 14/28292 Publication restriction: Unrestricted

reasons for decision

APPLICATION 2On 30 May 2014 the applicant made an application to the Tribunal seeking the following orders: (1)an order that she does not have to pay the amount of $2011; (2)an order to fix or replace faulty goods or to deliver or to return goods to the value of $2011; (3)an order to remove magnets and make the screens safe. 3The application stated that Brian's Autoscreens & Glass had installed 2 shower screens in the premises of the applicant on 30 July 2013. The applicant was not satisfied with these screens and stated in her application that they were 'hard to open after a shower and bang shut'. The applicant indicates that she has complained to the respondent and has not received a satisfactory response; that she has lodged a complaint with Fair Trading and was unable to achieve a settlement of the dispute. The application further indicates that the applicant is in dispute with several other trades people and is contemplating an action for defamation in relation to that dispute. The applicant also complained that the respondent has not provided an invoice showing his ABN or GST in relation to the purchase of the screens. 4In correspondence with the Tribunal the respondent indicated that he had commenced action in the Local Court in relation to failure by the applicant to pay the invoice for the supply and installation of the shower screens.