Aavelaid v J.A. Hayek t/as Laing & Simmons [2015] NSWCATAP 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Aavelaid v J.A. Hayek t/as Laing & Simmons [2015] NSWCATAP 130 Hearing dates: 22 April and 23 May 2015 Date of orders: 03 July 2015 Decision date: 03 July 2015 Jurisdiction: Appeal Panel Before: The Hon DA Cowdroy OAM QC, Principal Member Ms K Rosser, Senior Member Decision: 1. The proceedings are remitted to the Tribunal as originally constituted to make findings and give reasons in relation to the following issues: (i) the period during which the unit was not advertised on the internet in September 2013; (ii) whether any fraudulent conduct exists with regard to screen shots of internet advertisements for the unit given to the Appellant in September 2013; (iii) whether, arising from the findings made in respect of (i) and (ii) above, the Appellant is entitled to additional damages and if so, the quantum of any additional damages and (iv) whether the reasons for decision dated 11 December 2014 should be amended under s 63(3) of the Civil and Administrative Tribunal Act 2013 to correct the reference in [41] of the reasons for decision to "the short period of two weeks from 17 July 2013 to 16 August 2013" and if so, to make the relevant amendment. (2) Prior to determining the issues referred to in order (1) above, the Tribunal is to consider: (i) whether further evidence and/or submissions from the parties in relation to the relevant issues is required and (ii) whether a hearing can be dispensed with in accordance with s 50(2) and (3) of the Civil and Administrative Tribunal Act 2013 and may make directions accordingly. (3) The appeal is otherwise dismissed. (4) The parties are to pay their own costs. Catchwords: APPEAL: Error of law; adequacy of reasons; procedure of Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Rules 2014 Consumer Claims Act 1998 Cases Cited: Derry v Peek (1889) 14 App Cas 337 Crown v McNeil (1922) 31 CLR 76 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Collins v Urban [2014] NSWCATAP 17 House v R [1936] HCA 40; 55 ALR 499 Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 Minister for Immigration and Citizenship v SZMDS [12010] HCA 16; 240 CLR 611 Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Brown v Dunn (1894) 6 The Reports 67 Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation [1983] 1 NSWLR 1 Sydney Supermarkets Pty Ltd v Xu [2009] NSWADTAP 28 Carlson v King (1947) 64 WN(NSW) 65 Wainohu v New South Wales (2011) 243 CLR 181 Resource Pacific Pty Limited v Wilkinson [2013] NSWCA 33 The State of Queensland v J. L. Holdings Pty Ltd (1997) 189 CLR 146 Aon Risk Services Pty Ltd v Australia National University (2009) 239 CLR 175 Category: Principal judgment Parties: Urmas Aavelaid – Appellant J.A Hayek Holdings Pty Ltd t/as Laing & Simmons - Respondent Representation: Appellant – Self-represented