Agrison Pty Ltd v Madsen [2014] NSWCATAP 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Agrison Pty Ltd v Madsen [2014] NSWCATAP 95 Hearing dates: 24 September 2014 Decision date: 28 November 2014 Jurisdiction: Appeal Panel Before: Wright J, President G Meadows, Senior Member R Deutsch, Senior Member Decision: 1. Leave to appeal is refused. 2. The Appeal is dismissed. Catchwords: APPEAL - Civil and Administrative Tribunal (NSW) - whether grounds raise a question of law - whether leave to appeal is required - Civil and Administrative Tribunal Act 2013 (NSW), s 80, cl 12 of Sch 4 - whether decision fair and equitable - whether decision against the weight of the evidence - discretion to grant leave not enlivened - leave application refused.

APPEAL - error of law - whether Tribunal jurisdiction derived from Motor Traders Act 1974 - whether no evidence to support findings - whether failure to afford procedural fairness - appeal dismissed. Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Consumer Claims Act 1998 Consumer Trader and Tenancy Tribunal Act 2001 Fair Trading Act 1987 Motor Traders Act 1974 Cases Cited: Collins v Urban [2014] NSWCATAP 17 NSW Land and Housing Corporation v Diab [2014] NSWCATAP 8 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Category: Principal judgment Parties: Agrison Pty Ltd (Appellant) Paul Madsen (Respondent) File Number(s): AP 14/46392 Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-05-16 00:00:00 Before: A Anforth, General Member File Number(s): [2014] NSWCATCD 79