Robinson-Murray v Bargshoon [2016] NSWSC 14

Supreme Court New South Wales

Medium Neutral Citation: Robinson-Murray v Bargshoon [2016] NSWSC 14 Hearing dates: 17 August 2015 Date of orders: 03 February 2016 Decision date: 03 February 2016 Jurisdiction: Common Law Before: McCallum J Decision: Leave to appeal granted; appeal allowed; orders of the Appeal Panel made 9 January 2015 set aside; case remitted to the Civil and Administrative Tribunal of New South Wales to be heard and decided again by the Tribunal; first defendant to pay the plaintiffs' court fees and disbursements. Catchwords: CONSUMER LAW – claim in Civil and Administrative Tribunal for loss or damage for misleading or deceptive conduct in contravention of the Australian Consumer Law (NSW) – where unclear whether the defendant was the supplier of the goods – whether the Tribunal has authority to determine a "consumer claim" against a person other than the supplier Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW), s 83(1) Fair Trading Act 1987 (NSW), s 74(3) Motor Dealers Act 1974 (NSW) (repealed) Motor Dealers and Repairers Act 2013 (NSW) Cases Cited: Jenkinson v Chaw [2015] NSWCATAP 127 Robinson Murray v Consumer Trader and Tenancy Tribunal [2013] NSWSC 1914 Robinson Murray v Bargshoon [2015] NSWCATAP 19 Category: Principal judgment Parties: Jessica Robinson-Murray (first plaintiff) Sarah Robinson (second plaintiff) Sam Bargshoon (defendant) Representation: Jessica Robinson-Murray (self-represented) Sarah Robinson (self-represented) No appearance for the defendant File Number(s): 2014/215605 Publication restriction: None