New Zealand Careers Ltd v Martian Logic Pty Ltd [2016] NSWCATCD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: New Zealand Careers Ltd v Martian Logic Pty Ltd [2016] NSWCATCD 30 Hearing dates: 23 February 2016 Decision date: 28 April 2016 Jurisdiction: Consumer and Commercial Division Before: DAC Robertson, Senior Member Decision: (1) Unless the applicant within 21 days from the date of this decision notifies the Tribunal that it elects to have the proceedings transferred to the Local Court, the proceedings will be dismissed for want of jurisdiction.

(2) In the event the applicant notifies the Tribunal within 21 days that it elects to have the proceedings transferred to the Local Court the proceedings will be transferred to the Local Court of NSW pursuant to clause 6 of Schedule 4 to the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: CONSUMER CLAIMS – supply of services – jurisdiction – whether a company incorporated in New Zealand is a consumer within s 79D of the Fair Trading Act Legislation Cited: Fair Trading Act 1987 (NSW) Corporations Act 2001 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Re Featherston Resources Ltd; Tetley v Weston [2014 NSWSC 1139; (2014) 288 FLR 265 Holding Redlich Lawyers v Reef Cove Resort Ltd [2009] QSC 378 Category: Principal judgment Parties: New Zealand Careers Ltd (applicant) Martian Logic Pty Ltd (respondent) Representation: Rodesa Fernando, director (Applicant) Anwar Khalil, director (Respondent) File Number(s): GEN 15/62134 Publication restriction: Nil