JCB Enterprises Pty Ltd v Mangion [2016] NSWCATAP 180

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: JCB Enterprises Pty Ltd v Mangion [2016] NSWCATAP 180 Hearing dates: 20 July 2016 Date of orders: 10 August 2016 Decision date: 10 August 2016 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President A Boxall, Senior Member Decision: 1. Leave is granted for the appellant to be represented by Stanford Law Firm. 2. Leave is granted for the respondent to be represented by P Batley. 3. Leave is refused for the appeal to be made on grounds other than a question of law. 4. The appeal is dismissed. 5. The Principal Registrar is to pay to the respondent $13,055.35 being the amount paid to the Tribunal by the Appellant pursuant to an order made on 9 June 2016. Catchwords: APPEAL – Australian Consumer Law - reasonable costs incurred by the consumer in having a vehicle repaired – adequacy of reasons - duty to refer to relevant evidence – duty to provide reasons for failing to refer to relevant evidence Legislation Cited: Australian Consumer Law, cll 54, 259 Civil and Administrative Tribunal Act 2013 (NSW), s 62(3), s 80(2)(b) Cases Cited: Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 Collins v Urban [2014] NSWCATAP 17 Khan v Kang [2014] NSWCATAP 48 Mifsud v Campbell (1991) 21 NSWLR 725 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Category: Principal judgment Parties: JCB Enterprises Pty Limited t/as Beautcars (Appellant) Gavin Mangion (Respondent) Representation: Counsel: P Batley (Respondent)