Bibin v Mainfreight International Pty Ltd [2016] NSWCATCD 70

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bibin v Mainfreight International Pty Ltd [2016] NSWCATCD 70 Hearing dates: 17 June 2016 Date of orders: 12 August 2016 Decision date: 12 August 2016 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: 1. The applicant is granted leave to amend his claim.

2. The respondent's application for the summary dismissal of the application because the Tribunal lacks jurisdiction to deal with it is dismissed on the basis that this application is misconceived.

3. The application is dismissed on the basis that it is lacking in substance. Catchwords: CONSUMER CLAIM – jurisdiction – where total value of claim exceeds prescribed amount – whether claim arises in Commonwealth admiralty jurisdiction –consumer guarantee - due care and skill Legislation Cited: Fair Trading Act 1987 Australian Consumer Law Civil and Administrative Tribunal Act 2013 Cases Cited: Poat v Consumer Trader and Tenancy Tribunal [2004] NSWSC 947 Prestige Residential Marketing Pty Limited v A & M Short Investments Pty Limited [2005] NSWCS 485 IK Chemists Pty v CHOF4 Artarmon Pty Ltd [2015] NSWCATAP 144 Gartrell v Roth [2015] NSWCATAP 182 Qantas Airways Limited v Lustig [2015] FCA 253 Category: Principal judgment Parties: Alexandre Bibin (applicant) Mainfreight International Pty Ltd (respondent) Representation: Alexandre Bibin, in person Rowan Cook, NSW Branch Manager, for the Respondent File Number(s): GEN 16/16364 Publication restriction: Nil