James Jennings & Itohan Omoregbee v Groveborough Pty Ltd t/as Koala Park Resort [2015] NSWCATCD 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: James Jennings & Itohan Omoregbee v Groveborough Pty Ltd t/as Koala Park Resort [2015] NSWCATCD 67 Hearing dates: 20 May 2015 Decision date: 24 June 2015 Jurisdiction: Consumer and Commercial Division Before: M McCue, General Member Decision: The proceedings are dismissed. Catchwords: Applicants' entitlement to a refund of payment for accommodation Legislation Cited: Part 5, Schedule 4, Civil and Administrative Act 2013; Sections 3(a); 3(1)A and 7 Consumer Claims Act 1998 ["the Act"] Category: Principal judgment Parties: James Jennings& Itohan Omoregbee(applicants) Groveborough Pty Ltd t/as Koala Park Resort (respondent) Representation: Applicants: In person Respondent: Karen Lyn Woodcroft – by telephone File Number(s): GEN 15/13692 Publication restriction: Nil

REASONS FOR DECISION

Application 1. The applicants seeks recovery of a refund for payment of three (3) nights accommodation at the respondent's resort known as Koala Park in Phillip Island Road, Cowes, Victoria. 2. The respondent was given leave to appear by telephone at the hearing on 20 May 2015.

Jurisdiction 1. On the establishment date, 1 January 2014, the Civil and Administrative Legislation (Repeal and Amendment) Act 2013 amended certain statutes which previously conferred jurisdiction on now "abolished" tribunals. NCAT has jurisdiction to hear and determine relevant matters in place of the "abolished" tribunals. 2. From 1 January 2014, the Residential Tenancies Act was amended. The definition of "Tribunal" was changed in that Act from the CTTT to NCAT - see cl 4.34 item [2] in Schedule 4 to the Civil and Administrative Legislation (Repeal and Amendment) Act. 3. As a result of the amendments, from 1 January 2014, I am satisfied that NCAT has jurisdiction to hear the application made pursuant to the provisions of the Consumer Claims Act 1998.