Wilson v Chan & Naylor Parramatta Pty Ltd [2016] NSWCATCD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wilson v Chan & Naylor Parramatta Pty Ltd [2016] NSWCATCD 20 Hearing dates: 19 January 2016 Decision date: 05 April 2016 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: The application is dismissed Catchwords: Limitation period in contract and tort, cause of action, exercise of due care and skill in provision of supply of accounting services Legislation Cited: Consumer Claims Act 1998 Competition and Consumer Act 2010 (Cwlth) Australian Consumer Law Cases Cited: Fairey Australasia Pty Ltd v Joyce and Another (1981) 2 NSWLR 314 Read v Brown (1882) 22 QBD 12, Cooke v Gill (1) 24 WR 710 Gibbs v Guild (1882) 9 QBD 59 Category: Principal judgment Parties: Applicant: Stephen Wilson Respondent: Chan & Naylor Parramatta as trustee for Chan & Naylor Parramatta Trust Representation: Applicant: Litigant in Person Respondent: Clive Nelson (Director) File Number(s): GEN 15/59854 Publication restriction: Unrestricted

reasons for decision The application 1. The applicant lodged an application with the Tribunal on 2 November 2015 seeking an order that the respondent pay to the applicant the amount of $40,000 being damages the applicant alleges that he suffered as a result of the respondent's negligence and breach of contract in providing financial advice. 2. The applicant is a financial adviser but brings this application in his own capacity as a consumer. 3. The respondent is a supplier of accounting services.