Friedrich Thiebes trading as Anna Bay Auto Electrics v Kershler [2014] NSWDC 238

District Court New South Wales

Medium Neutral Citation: Friedrich Thiebes trading as Anna Bay Auto Electrics v Kershler [2014] NSWDC 238 Hearing dates: 1 April 2014 Decision date: 01 April 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The summons is dismissed. The orders of the CTTT of 9 April 2013 are confirmed. (2) Judgment for $4,376.05 inclusive of interest to today's date entered forthwith. (3) The plaintiff pay the defendants' legal costs in the sum of $6,030. (4) The stay entered on 31 May 2013 by Lerve DCJ is discharged. (5) Exhibits retained for 28 days. Catchwords: ADMINISTRATIVE LAW - appeal from Consumer, Trader and Tenancy Tribunal - appeal on grounds of absence of procedural fairness and absence of factual basis for findings - whether failure to treat the applicant's own evidence as expert evidence amounted to absence of procedural fairness - whether a "no evidence" ground raises a question of law - whether there was "no evidence" - appeal dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), ss 28 and 35 Cases Cited: Kostas v HIH Insurances Pty Ltd [2010] HCA 32 Nowlan v Marson Transport Pty Ltd (2001) 53 NSWLR 116 Paridis v Settlement Agents Supervisory Board (2007) 33 WAR 361 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Friedrich Thiebes trading as Anna Bay Auto Electrics Defendant: Michael Kershler Representation: Plaintiff: Mr C Kingston (solicitor) Defendant: Mr M Fawkner (solicitor) Plaintiff: Kingston Swift Defendant: Vanguard Lawyers Nelson Bay File Number(s): 2013/142056 Publication restriction: None