Chaw v Jenkinson and Coverall Services Pty Ltd [2016] NSWCATAP 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chaw v Jenkinson and Coverall Services Pty Ltd [2016] NSWCATAP 174 Hearing dates: 20 May 2016, written submissions on 2 and 15 June 2016 Date of orders: 27 July 2016 Decision date: 27 July 2016 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President P Durack SC, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. 3. The Respondents are to provide to the Appeal Unit and to the Appellant written submissions on the question of costs within 10 days of the date of these reasons. 4. The Appellant is to provide to the Appeal Unit and to the Respondents written submissions in reply to those of the Respondents on the question of costs within 10 days of his receipt of the Respondents submissions. Catchwords: APPEAL – claim against director – earlier judgment against company for misleading and deceptive conduct – no evidence of involvement by director in misleading and deceptive conduct – assertions that director responsible for company's judgment debt - no grounds for appeal established. Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Corporations Act 2001 (Cth) Cases Cited: Jenkinson v Chaw [2015] NSWCATAP 127 Minister for Immigration and Border Protection v WZARH [2015] HCA 40 Port of Melbourne Authority v Anshun Proprietary Limited (1981) 147 CLR 589 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Yorke v Lucas (1985) 158 CLR 661 Texts Cited: Halsbury, Laws of Australia Category: Principal judgment Parties: Chi Chaw (Appellant) Karen Leigh Jenkinson (First Respondent) Coverall Services Pty Ltd (Second Respondent) Representation: Appellant in person