Tsallas v Pererra [2016] NSWCATAP 211

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tsallas v Pererra [2016] NSWCATAP 211 Hearing dates: 6 September 2016 Date of orders: 16 September 2016 Decision date: 16 September 2016 Jurisdiction: Appeal Panel Before: K P O'Connor, AM, ADCJ, Deputy President, Appeals K Rosser, Senior Member Decision: (1) Leave to appeal is refused, (2) The appeal is otherwise dismissed.. Catchwords: APPEAL – Absence of official record of Tribunal decision – appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Peter Tsallas (Appellant) Nina Pererra (Respondent) Representation: Peter Tsallas (Appellant in person) Nina Pererra (Respondent in person) File Number(s): AP 16/31385 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 28 June 2016 Before: T Simon, Member File Number(s): GEN 16/18691

REASONS FOR DECISION

Introduction 1. This appeal is against an order by the Consumer and Commercial Division of the Tribunal (the Tribunal) dismissing the appellant's claim against the respondent. The appellant had sought a full refund of the amount paid by him, $1737, under a contract for the provision of services with the respondent. 2. The Tribunal gave an oral decision after its hearing on 28 June 2016. The appellant's notice of appeal does not include any record of the reasons for decision, either in the form of a transcript, or in the form of CD or as a result of a request for written reasons to be provided. Nor were they subsequently provided. Therefore, we have no official record of the Tribunal's reasons. 3. What we did have at our hearing of the appeal, on 6 September 2016, were notes of the member's reasons provided by the respondent, which she said she had taken at the hearing. From those notes, and the account given at our hearing by the parties of their dealings, we have derived the following understanding of the matter.