Gilmore v Mike Blewitt Pty Ltd [2015] NSWCATCD 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gilmore v Mike Blewitt Pty Ltd [2015] NSWCATCD 119 Hearing dates: 17 August 2015 Date of orders: 17 August 2015 Decision date: 13 October 2015 Jurisdiction: Consumer and Commercial Division Before: M Gilson, General Member Decision: 1. The application is dismissed because:

The Tribunal is of the opinion that the applicant is conducting the proceedings in such a way that unreasonable disadvantage has been caused to the respondent.

2. The application of 14 August 2015 to adjourn the hearing of 17 August 2015, is refused.

3. The parties to the proceedings are to pay their own costs. Catchwords: Causing unreasonable disadvantage Legislation Cited: Civil and Administrative Tribunal Act 2013, Schedule 4, clause 10 and section 60 Category: Principal judgment Parties: Brett Gilmore (applicant) File Number(s): MV 15/27933 Publication restriction: Unrestricted

reasons for decision 1. These reasons are provided pursuant to section 62(2) of the Civil and Administrative Tribunal Act 2013 (the NCAT Act) at the request of the applicant. The Tribunal gave oral reasons on 17 August 2015, however the applicant was not present at the hearing. The hearing was sound recorded, however the reasons are produced from the Member's notes and recollections. The written reasons amplify, but do not change the oral reasons given at the hearing.

Application 1. By way of an application lodged on 16 April 2015, the applicant sought an order to fix or replace a faulty motor vehicle to the value of $35,000.00.

Representation 1. The applicant did not attend the hearing. His estranged wife was present and handed up a letter by Legal Aid dated 14 August 2015. Mrs Gilmore had no written authority to represent the applicant. The respondent was represented by Mr Bennett, and also by Ms A Sutton, a solicitor.