Courtatos t/as Surf City Motors v Willis [2016] NSWCATAP 249

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Courtatos t/as Surf City Motors v Willis [2016] NSWCATAP 249 Hearing dates: 27 July 2016 and 29 September 2016 Date of orders: 17 November 2016 Decision date: 17 November 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member G Walker, Senior Member Decision: 1. The appeal is dismissed and leave to appeal is refused. 2. The appellant is to pay the respondent the sum of $825.00 being the costs thrown away in respect of the adjourned hearing on 27 July 2016, such amount to be paid immediately. Catchwords: Procedural fairness- failure to allow adjournment, inadequate reasons. Australian Consumer Law (NSW)- major defect, obligation to return goods unless significant cost. Evidence of defects- absence of opposing evidence, form of evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Brodyn Pty Ltd v Owners Corporation – Strata Plan 73019 (No 2) [2016] NSWCATAP 224 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe (1986) 162 CLR 1 Italiano v Carbone & Ors [2005] NSWCA 177 Khan v Kang [2014] NSWCATAP 48 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Category: Principal judgment Parties: George Couratos t/as Surf City Motors (Appellant) Sally Willis (Respondent) Representation: Counsel: P Strain (Respondent)