Ravenscroft v Skinner [2016] NSWCATAP 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ravenscroft v Skinner [2016] NSWCATAP 107 Hearing dates: 3 May 2016 Date of orders: 18 May 2016 Decision date: 18 May 2016 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President K Rosser, Senior Member Decision: 1. The appeal is dismissed. 2. The respondents' application for costs is dismissed. Catchwords: APPEAL – estoppel – appellant made claim under Australian Consumer Law for damages to a boat – damages awarded – appellant made second claim under Australian Consumer Law for further damages – Tribunal dismissed second application – whether the making of the first order created a cause of action estoppel on which Skinner Marine was entitled to rely in subsequent proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 55, s 60 and s 80 Australian Consumer Law (ACL) (NSW), s 18(1) and s 54(1) Cases Cited: Jackson v Goldsmith (1950) 81 CLR 446 Port of Melbourne Authority v Anshun Pty Limited (1981) 147 CLR 389 Stokes (by a tutor) v McCourt [2013] NSWSC 1014 Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28 Category: Principal judgment Parties: Raymond Ravenscroft (Appellant) Ronald and Suzanne Skinner t/as Skinner Marine (Respondents) Representation: Solicitors: Applicant (self-represented) Pollack Greening & Hampshire (Respondents) File Number(s): AP 15/68422 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 08 December 2015 Before: R Harris, General Member File Number(s): GEN 15/49295