Wiskich v Composite Materials Australia Pty Ltd [2016] NSWCATAP 221

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wiskich v Composite Materials Australia Pty Ltd [2016] NSWCATAP 221 Hearing dates: 24 April 2016, respondent's application for leave to reopen 18 August 2016 Date of orders: 06 October 2016 Decision date: 06 October 2016 Jurisdiction: Appeal Panel Before: Cowdroy ADCJ, Principal Member J Wakefield, Senior Member Decision: (1) That the respondent's application for leave to reopen its case on appeal is refused. (2) That the Appeal from the orders made on 25 November 2015 in proceedings 15/35105 be upheld. (3) That the amount of $15,000 as set out in the money order made in proceedings 15/35105 be varied by the substitution of the amount of $40,000 in lieu of $15,000. (4) That the amount of $40,000 is to be paid by the respondent to the appellant within 28 days of the date of this order. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal (NSW) – jurisdiction – error of law - "irrational" or "unreasonable" – other grounds – leave to appeal – general principles – variation of money order – application for leave to reopen Legislation Cited: Australian Consumer Law 2010 (NSW) Civil and Administrative Tribunal Act 2013 (No 2) (NSW) Consumer Claims Act 1998 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 ASIC v Rich [2006] NSWSC 826 Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 Chao v Chao (No 2) [2008] NSWSC 612 Collins v Urban [2014] NSWCATAP 17 House v The Queen (1936) 55 CLR 499 Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 Lloyd v McMahon [1987] AC 625 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 N M Rural Enterprises Pty Ltd v Rimanui Farms Ltd [2012] NSWSC 31 Taouk v Louis (No. 1) [2014] NSWSC 656 The Owners – Strata Plan No 74602 v Brookfield Australia Investments Ltd [2015] NSWSC 1682 Texts Cited: Halsbury's Laws of England (5th ed, 2010) Vol 77 Category: Principal judgment Parties: Gail Wiskich (Appellant) Composite Materials Australia Pty Ltd (Respondent) Representation: Solicitors: Ashley Smith & Partners (Rppellant) Eamon Hurley (Director) (Respondent by telephone on 18 August 2016) File Number(s): AP15/68538 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Date of Decision: 25 November 2015 Before: P Smith, General Member File Number(s): GEN15/35105