Peter Graeme Murphy v GT Alliance Pty Ltd [2015] NSWCATCD 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Peter Graeme Murphy v GT Alliance Pty Ltd [2015] NSWCATCD 74 Hearing dates: 3 June 2015 Decision date: 09 July 2015 Jurisdiction: Consumer and Commercial Division Before: Margaret Mary McCue, General Member Decision: The respondent is to pay the applicant the sum of $ 19,400.00 on or before 16 July 2015 Catchwords: Termination: unsolicited consumer agreement: express rights; effect of termination Australian Consumer Law 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"] Competition and Consumer Act [Australian Consumer Law- schedule 2] s 28 Fair Trading Act 1987; Section 109 X 1 (a) , Corporations Act, 2001; s 160, Evidence Act 1995, (C'W) and (NSW) Category: Principal judgment Parties: Peter Graeme Murphy (applicant) GT Alliance Pty Ltd (respondent) Representation: Applicants: In person Respondent: No representation File Number(s): GEN 15/29581 Publication restriction: Nil

REASONS FOR DECISION

Application 1. The applicant seeks to terminate an unsolicited agreement during the "cooling-off" period. 2. The applicant appeared in person. 3. A Notice of Hearing was sent by post to the respondent's registered office, 1/53 Wongara Street, Clayfield QLD on 27 April 2015. The Notice advised the respondent of the hearing date, 3 June 2015. 4. Section 109 X 1 (a) , Corporations Act, 2001, provides that: 5. for the purposes of any law, a document may be served on a company by, inter alia, posting it to the company's registered office. 6. Section 160, Evidence Act 1995, (C'W) provides as follows: