AFJ Software Pty Ltd v Wine Nomad Pty Ltd [2015] NSWCATAP 226

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AFJ Software Pty Ltd v Wine Nomad Pty Ltd [2015] NSWCATAP 226 Hearing dates: 17 March 2015 Date of orders: 20 October 2015 Decision date: 20 October 2015 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member L Robberds QC, Senior Member Decision: (1) Appeal AP 14/52100 allowed.

(2) Appeal 14/58574 is dismissed.

(2) The orders made 25 September 2014 are set aside.

(3) The proceedings are remitted to the Consumer and Commercial Division for rehearing by a differently constituted Tribunal.

(4) Each party is to pay their own costs of the appeal. Catchwords: Inadequacy of Reasons - failure to identify cause of action- failure to make necessary findings of fact. Legislation Cited: Consumer Claims Act, 1998 Cases Cited: Byrne v Australian Airlines Ltd [1995] 185 CLR 410 Fairey Australasia Pty Ltd v Joyce [1981] 2 NSWLR 314 Hibbert v McKiernan [1948] 1 All ER 860 Arrow Shipping Co Ltd v. Tyne Improvement Comrs (the Crystal) [1984] AC 508 Hungerfords v Walker (1989) 171 CLR 125 Jigrose Pty Ltd v Drummond [1994] 1 Qd R 382 Moorehouse v Angus and Robertson No1 Pty Ltd and Anors [1981] 1 NSWLR 700 Protector Glass Industries Pty Ltd v Southern Cross Autoglass Pty Ltd [2015] NSWCA 16 State Rail Authority v Consumer Claims Tribunal and others (1988) 14 NSWLR 474 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Moussa Enterprises Pty Ltd v Stanford [2015] NSWCATAP 99 Texts Cited: Nil Category: Principal judgment Parties: AFJ Software Pty Ltd (appellant) Wine Nomad Pty Ltd (respondent) Representation: Counsel: V Heath (Appellant)