TRU-STEAM BOILERS & SERVICE PTY LTD v RUSSELL'S CHAFF & GRAIN MILLING COMPANY PTY LTD [2014] NSWCATAP 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TRU-STEAM BOILERS & SERVICE PTY LTD v RUSSELL'S CHAFF & GRAIN MILLING COMPANY PTY LTD [2014] NSWCATAP 84 Decision date: 13 November 2014 Jurisdiction: Appeal Panel Before: The Hon G Mullane, Senior Member Ms S Thode, Senior Member Decision: 1. The appeal against the orders of the Consumer and Commercial Division of 19 July 2014 is withdrawn and dismissed. 2. The application for an order to extend the time to appeal the decision of the Consumer and Commercial Division of 23 June 2014 is refused and dismissed. 3. The Notice of Appeal filed 20 August 2014 to appeal the decision of the Consumer and Commercial Division of 23 June 2014 is dismissed as out of time. Catchwords: Appeal from Tribunal Decision, Leave to Appeal, Leave to Appeal Out of Time Legislation Cited: Customs Act 1901(Cth); Customs (Prohibited Imports) Regulations 1956 (Cth); Consumer Claims Act, 1998; Civil and Administrative Tribunal Act, 2013; Civil and Administrative Tribunal Regulation, 2013; Civil and Administrative Tribunal Rules 2014. Cases Cited: Gallo v Dawson [1990] HCA 30; Texts Cited: Nil Category: Principal judgment Parties: TRU-STEAM BOILERS & SERVICE PTY LTD (Appellant) RUSSELL'S CHAFF & GRAIN MILLING COMPANY PTY LTD (Respondent) Representation: For the Appellant: Mr A Wijesingat, W Lawyers, Suite 902, Level 9, 84 Pitt Street, Sydney, 2000 There was no legal representation for the Respondent. Ms A Russell appeared as agent for the company File Number(s): AP 14/46511, AP 14/0333 Publication restriction: Nil Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-07-03 00:00:00 Before: Member J McMillan File Number(s): GEN 14/03976