Prestige Auto Centre Pty Ltd v Apurva Mishra [2014] NSWCATAP 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Prestige Auto Centre Pty Ltd v Apurva Mishra [2014] NSWCATAP 81 Hearing dates: 10 October 2014 Decision date: 11 November 2014 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President P H Molony, Senior Member Decision: (1) Leave to appeal is granted. (2) Appeal allowed. (3) The decision under review is set aside. (4) There shall be a new hearing of the application, before a differently constituted Tribunal, with both parties having the opportunity to adduce fresh or additional evidence. Catchwords: Leave to appeal on other grounds -substantial miscarriage of justice due to significant new evidence - Tribunal misled by altered document - fraud on Tribunal in order to advantage a party's case - leave granted - appeal allowed - uncertified translation - caution to be exercised in relying on - measure of damages for misleading and deceptive conduct - difference between value paid and real value - double compensation for detriment suffered Legislation Cited: Consumer Claims Act 1998 Civil and Administrative Tribunal Act 2013 Motor Dealers Act 1974 Cases Cited: Abigroup Contracting v Sydney Catchment Authority (No 3) [2006] NSWCA 282 Briginshaw v. Briginshaw (1938) 60 CLR 336 Clone Pty Ltd v Players Pty Ltd (in liq recs apptd) [2012] SASC 12 Commonwealth Bank of Australia v Quade (1991) 178 CLR 134 Gough and Gilmour Holdings Pty Ltd (No 2) v Peter Campbell Earthmoving Pty Ltd [2007] NSWSC 172 Hansen Yuncken Pty Ltd v Erickson t/as Flea's Concreting [2011] QSC 327 Hip Foong Hong v H Neotia & Co [1918] A.C. 888 McDonald v McDonald (1965) 113 CLR 529 Meek v Fleming [1961] 3 All ER 148 P E Kafka Pty Ltd v Hermitage Motel Pty Ltd [2009] FCAFC 94 Smith & v Collings Homes Pty Ltd & Anor [2004] NSWCA 75 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 Category: Principal judgment Parties: Appellant - Prestige Auto Centre Pty Ltd Respondent - Apurva Mishra File Number(s): AP 14/46498 Publication restriction: Nil Decision under appeal Jurisdiction: 150003 Citation: Not published Date of Decision: 2014-07-21 00:00:00 Before: Ms S Thode File Number(s): MV 14/10365