Rascie Pty Ltd v Stricker [2015] NSWCATAP 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rascie Pty Ltd v Stricker [2015] NSWCATAP 76 Hearing dates: 18 February 2015 Date of orders: 07 May 2015 Decision date: 07 May 2015 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President R Titterton, Principal Member Decision: Application for leave to appeal refused Appeal dismissed Catchwords: Appeal - Civil and Administrative Tribunal (NSW) – consumer claim - decision of the Tribunal not against the weight of evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Australian Consumer Law Cases Cited: Auchettl v Kirk [2015] NSWCATAP 6 Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Rascie Pty Ltd (Appellant) Anna Stricker (Respondent) Representation: Mr A Winn, agent (Appellant)

Ms A Stricker (Respondent) File Number(s): AP 14/53093 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal, Jurisdiction: Consumer and Commercial Division Date of Decision: 14 October 2014 Before: M Gilson File Number(s): GEN 14/38658

REASONS FOR DECISION 1. The appellant, a Harvey Norman franchisee, seeks to appeal from an order of the Consumer and Commercial Division of the Tribunal that it pay the respondent, a consumer, $2,996 to replace a television. 2. This is a matter where the appellant requires the leave of the Appeal Panel for the appeal to proceed. For the reasons given below, the Appeal Panel refuses to grant leave to appeal, and otherwise dismisses the appeal. 3. At the hearing of the appeal Mr Winn appeared as agent for the respondent. Ms Stricker represented herself, and attended by telephone.