Buses & 4WD Hire Pty Limited v Richardson [2016] NSWCATAP 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Buses & 4WD Hire Pty Limited v Richardson [2016] NSWCATAP 24 Hearing dates: 25 November 2105 Date of orders: 03 February 2016 Decision date: 03 February 2016 Jurisdiction: Appeal Panel Before: J Redfern, Principal Member K Rosser, Senior Member Decision: Appeal dismissed and leave to appeal refused Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – consumer claim – whether breach of rental agreement for the hire of a coach – coach damaged – supplier deducted money from credit card for damage – proceedings commenced by consumer for recovery of money and orders for relief – proceedings also commenced by supplier in Tribunal and local court – whether Tribunal had jurisdiction to determine supplier's claim – whether determination was made in the consumer proceedings – scope of s 8 of the former Consumer Claims Act – no jurisdictional error – whether findings open on the evidence – whether Tribunal failed to identify and address a critical issue – adequacy of reasons – no error of law– leave to appeal refused – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Consumer Claims Act 1998 (NSW) Fair Trading Act 1987 (NSW) Fair Trading Legislation (Repeal and Amendment) Act 2015 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Bisley Investment Corporation v Australian Broadcasting Tribunal [1982] FCA 58 Collins v Urban [2014] NSWCATAP 17 Craig v South Australia (1995) 184 CLR 163 Fordham v Davies [2014] NSWCATAP 60 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Minister For Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259. O'Brien v Repatriation Commission (1984) 1 FCR 472 P v Child Support Registrar [2015] FCA 116 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Waterford v Commonwealth (1990) 163 CLR 54 Category: Principal judgment Parties: Buses & 4WD Hire Pty Limited (Appellant) Hamish Richardson (Respondent) Representation: Bryce Douglas-Baker, Counsel (Appellant) Geoffrey Mendelson Lawyers (Appellant)