Mrjana v Imagine Education Australia Pty Ltd [2016] NSWCATAP 232

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mrjana v Imagine Education Australia Pty Ltd [2016] NSWCATAP 232 Hearing dates: 4 October 2016 Date of orders: 21 October 2016 Decision date: 21 October 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member C Fougere, Principal Member Decision: (1) The appeal is dismissed. (2) Each party is to pay their own costs Catchwords: Consumer claim- jurisdiction to determine, acceptance by email, place where contract made. Email received in Queensland. Costs- special circumstances, claim for costs by legally represented respondent against unsuccessful appellant. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Electronic Transactions Act, 2000 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Air Transworld Limited v Bombardier Inc [2012] 1 CLE 145: [2012] EWHC 243 (Comm) Australian Competition and Consumer Commission v Valve Corporation (No 3) [2016] FCA 196 Entores Limited v Miles Far East Corporation [1955] EWCA Civ 3 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Mendelson-Zeller Co Inc v T & C Providores Pty Ltd [1981] 1 NSWLR 366 Miwa Pty Ltd v Siantan Properties Pty Ltd (No 2) [2011] NSWCA 344 Olivaylle Pty Ltd v Flottweg GMBH and co KGAA (No 4) [2009] FCA 522 Reese Brothers Plastics Limited v Hamon-Sobelco Australia Pty Ltd [1988] 5 BPR Tallerman and Co Pty Ltd v Nathan's Merchadise (Vic) Pty Ltd [1957] HCA 10 Wardle v Agricultural and Rural Finance Pty Ltd; Agricultural Finance Pty Ltd (Brakatsellos) [2012] NSWCA 107 Category: Principal judgment Parties: Julieanne Mrjana (Appellant) Imagine Education Australia Pty Ltd t/as Imagine Education Unit Trust (Respondent) Representation: Appellant by telephone Respondent: Ms W Thorpe- solicitor, by telephone