Blue Bella Pty Limited v Jackson [2016] NSWCATAP 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Blue Bella Pty Limited v Jackson [2016] NSWCATAP 62 Hearing dates: 23 December 2105 Date of orders: 09 March 2016 Decision date: 09 March 2016 Jurisdiction: Appeal Panel Before: J Redfern, Principal Member S Thode, Senior Member Decision: Appeal dismissed Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – consumer claim – Australian Consumer Law – whether unsolicited consumer agreement – seminar provider operating from different venues – whether at a place other than the business or trade premises of the supplier – scope of provision – reverse onus on supplier – 10 day cooling off period – agreement was unsolicited – termination valid – appeal dismissed Legislation Cited: Acts Interpretation Act 1901 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Cth) Competition and Consumer Regulations 2010 (Cth) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Texts Cited: Explanatory Memorandum to the Trade Practices Amendment (Australian Consumer Law) Bill (No 2) 2010 (Cth) Report of the Law and Bills Digest Section for Parliament dated 22 June 2010 on the introduction of the Trade Practices Amendment (Australian Consumer Law) Bill (No 2) 2010 Category: Principal judgment Parties: Blue Bella Pty Limited t/as Quantum Change Seminars (Appellant) Ms Lee Jackson (Respondent) Representation: Self-representation File Number(s): AP 15/59871 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 12 October 2015 Before: S Daly, Member File Number(s): GEN 15/41162