Temple v AMR Motors Pty Ltd [2016] NSWCATAP 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Temple v AMR Motors Pty Ltd [2016] NSWCATAP 121 Hearing dates: 11 March 2016 Date of orders: 14 June 2016 Decision date: 14 June 2016 Jurisdiction: Appeal Panel Before: PR Callaghan SC, Principal Member DAC Robertson, Senior Member Decision: (1) Leave to appeal is granted. (2) The appeal is upheld. (3) The order under appeal, that the application be dismissed, is set aside. (4) The matter is remitted to the Consumer and Commercial Division of this Tribunal to be reconsidered in a new hearing by a Member other than the Member who made the order under appeal. Catchwords: APPEAL and APPLICATION FOR LEAVE TO APPEAL – Civil and Administrative Tribunal – unfairness in hearing – failure of decision to deal with material issues – unexplained preference for evidence Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Motor Dealers and Repairers Act 2013 Cases Cited: Aceti v Burhan Pty Ltd [2015] NSWCATAP 55 Beale v GIO of NSW (1997) 48 NSWLR 430 Collins v Urban [2014] NSWCATAP 17 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Appellants: Barbara Temple and Thomas Fischer