Mitchell Bannick v Nissan Australia Pty. Ltd., Dominelli Group Pty. Ltd. t/as Rockdale Nissan and National Capital Motors (Aust) Pty. Ltd. [2014] NSWCATAP 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mitchell Bannick v Nissan Australia Pty. Ltd., Dominelli Group Pty. Ltd. t/as Rockdale Nissan and National Capital Motors (Aust) Pty. Ltd. [2014] NSWCATAP 83 Hearing dates: 30 October 2014 Decision date: 13 November 2014 Jurisdiction: Appeal Panel Before: J Smith, Senior Member, and S. Thode, Senior Member Decision: Leave to appeal is refused The appeal is dismissed. If the parties are unable to agree on the issue of costs leave is granted for the parties to file with the Tribunal and serve on each of the other parties within 14 days of the date of these orders a short written submission on the issue of costs only. If any party seeks a hearing on the issue of costs leave is granted to make written application to the Tribunal for a hearing within 14 days of the date of these orders. Catchwords: Appeal from Consumer and Commercial Division, error of law, substantial miscarriage of justice, significant new evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014]NSWCATAP 17 Category: Principal judgment Parties: Appellant - Mr Mitchell Bannick First Respondent - Nissan Australia Pty. Ltd. Second Respondent - Dominelli Group Pty.Ltd. t/as Rockdale Nissan Third Respondent - National Capital Motors (Aust) Pty.Ltd. Representation: Ms Goodsell for the appellant File Number(s): AP 14/46475 Decision under appeal Jurisdiction: 150003 Citation: Bannick v Nissan Motor Co Australia Pty. Ltd. and others Date of Decision: 2014-06-24 00:00:00 Before: Mr B. Howe File Number(s): MV 14/ 06948