Aavelaid, A v J.A. Hayek Holdings Pty Ltd t/as Laing & Simmons [2014] NSWCATCD 240

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Aavelaid, A v J.A. Hayek Holdings Pty Ltd t/as Laing & Simmons [2014] NSWCATCD 240 Hearing dates: 25 February 2014, 2 June 2014 and 16 September 2014 (on papers) Decision date: 11 December 2014 Jurisdiction: Consumer and Commercial Division Before: T Simon, Senior Member Decision: The respondent is to pay the applicant the amount of $900.00 immediately Legislation Cited: Civil and Administrative Tribunal Act (NSW) 2013 Consumer Claims Act (NSW) 1998 Fair Trading Act (NSW) 1987 Category: Principal judgment Parties: Dr Urmas Aavelaid (applicant) J.A. Hayek Holdings Pty Ltd t/as Laing & Simmons (respondent) Representation: Applicant in person Ms Touma and Ms Nichol for the respondent File Number(s): GEN 13/54539 Publication restriction: Unrestricted

reasons for decision

Appearances 1. Both parties appeared in relation to this matter at hearing on 25 February 2014 and for a further hearing on 2 June 2014. The matter was adjourned by consent to accommodate for further submissions to be made on the papers. It was listed for hearing on the papers on 16 September 2014 following submissions. 2. Mr Aavelaid appeared in person on both occasions. The respondent was represented by two agents, Ms Touma and Ms Nichol.

The Application 1. By application received 16 October 2013, the applicant was initially seeking an amount of $11,685.64 from the respondent. The applicant was claiming that the agent had failed to advertise and manage the property in accordance with the managing agency agreement. He was claiming the respondent had breach the contract between the parties and had failed to act with due care and skill. 2. The applicant was subsequently allowed leave to amend the application to an total amount of $18,543.07 for the following; 1. Economic loss for the period from 13 August 2013 to 4 October 2013 at 128.57 per day totaling $6,557.07. 2. $1,040.00 for a reduced rent of $40.00 for a 26 week period totaling 3. $946.00 for the refund of a fee paid to the agent. 4. $10,000 in exemplary damages 5. Interest as set out by the statute. 6. Costs of the matter