Wanted Autos Pty Ltd v Lionel Fay [2014] NSWCATAP 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wanted Autos Pty Ltd v Lionel Fay [2014] NSWCATAP 93 Hearing dates: On the papers Decision date: 27 November 2014 Jurisdiction: Appeal Panel Before: Dr J Renwick SC, Senior Member G Meadows, Senior Member Decision: 1. The application for leave to appeal is refused. 2. The appeal is dismissed. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - Application for leave - No basis for leave - Appeal dismissed. Legislation Cited: Civil and Administrative Appeals Tribunal Act 2013 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 at [65]-[79 Texts Cited: None Category: Principal judgment Parties: Wanted Autos Pty Ltd (Appellant) Lionel Fay (Respondent) File Number(s): AP 14/46412 Publication restriction: None Decision under appeal Jurisdiction: 150003 Date of Decision: 2013-05-13 00:00:00 Before: P Smith, Member (GNGEN 14/11605)

reasons for decision Introduction 1In 2013, the respondent Lionel Fay (Mr Fay) purchased spare car parts from the appellant, Wanted Autos Pty Limited (Wanted Autos). He paid Wanted Autos the sum of $1,560. The goods were not delivered. He began proceedings in the Tribunal. 2Orders were made by the Tribunal on 17 September 2013 (wrongly stated as 17 September 2014 in the notice of order of 13 May 2014) requiring the goods to be delivered in accordance with the orders. Mr Fay considered that had not been done. On 28 February 2014 he filed an application to renew the proceedings, seeking payment of the amount of $1,650.00 plus costs. On 13 May 2014, following a further hearing at which Mr Fay appeared but Wanted Autos did not, the Tribunal ordered that Wanted Autos pay Mr Fay $1,560 on or before 13 June 2014. The reasons for that decision stated The Tribunal is satisfied that the respondent has not complied with the orders of the Tribunal of 17 September 2014 [in fact 2013], and the goods have not been delivered to the applicant in accordance with the orders. An order is made for the refund of the monies paid by the applicant for the supply and delivery of the goods. 3Wanted Autos filed a Notice of Appeal on 11 June 2014, challenging those orders. The Notice of Appeal lists the following grounds of appeal: 1. We did send the parts. 2. His [sic, a reference presumably to Mr Fay] not respond to phone call. 3. Transport company they contact him but he put the item on hold. 4. His [sic] been trying to find Smash Repairs to repair his ute. 5. The parts transport company at his end [sic].