Robinson Murray v Bargshoon and Anr [2015] NSWCATAP 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Robinson Murray v Bargshoon and Anr [2015] NSWCATAP 19 Hearing dates: 7 October 2014 Date of orders: 09 January 2015 Decision date: 09 January 2015 Jurisdiction: Appeal Panel Before: Harrowell M, Principal Member D Goldstein, Senior Member Decision: 1. Appeal allowed; 2. Orders made by the Tribunal against the first respondent in application MV 14/01582 on 11 July 2014 are set aside; 3. The application by the appellant against the first respondent in proceedings MV 14/01582 is dismissed Catchwords: Jurisdiction of Tribunal to determine claim under the Australian Consumer Law (NSW) Jurisdiction of the Tribunal to determine a claim under the Consumer Claims Act against a person who is not a supplier Liability of director/ employee of a supplier in respect of a consumer claim Legislation Cited: Australian Consumer Law Consumer Claims Act, 1998 Fair Trading Act, 1987 Cases Cited: Australian Executor Trustees Ltd v Steak Plains Olive Farm Pty Ltd [2014] NSWCATCD 143 Claremont Petroleum NL v Cummings ; Coulton v Holcombe 162 CLR 1 Elkateb v Lawindi R v Orcher ; Trust Company of Australia v Skiwing (2006) 66 NSWLR 77 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Texts Cited: Nil Category: Principal judgment Parties: J Robinson Murray (Appellant) S Bargshoon (First Respondent) SSS Best Cars Pty Ltd (Second Respondent) Representation: J Robinson Murray, in person (Appellant) S Bargshoon, in person (First Respondent) No appearance (Second Respondent) File Number(s): AP 14/46478 previously AP 14/0300 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 11 July 2014 Before: C Paull, Senior Member File Number(s): MV 14/01582