Bentley v Garage 88 Sydney Pty Ltd [2017] NSWCATAP 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bentley v Garage 88 Sydney Pty Ltd [2017] NSWCATAP 3 Hearing dates: 26 October 2016 Date of orders: 06 January 2017 Decision date: 06 January 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member G Walker, Senior Member Decision: 1 To the extent necessary, leave to appeal is granted; 2 The appeal is allowed and the orders made 27 June 2016 are set aside; 3 In lieu thereof the Appeal Panel makes the following order in application GEN 15/66915: The respondent is to pay the applicant the sum of $400.00 immediately. 4 Each part is to pay their own costs of the appeal and the proceedings at first instance. Catchwords: Mistake- unilateral mistake, unconscionable conduct. Damages- breach of contract, time for assessment Legislation Cited: Civil and Administrative Tribunal Act, 2013 Cases Cited: Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 Fox Entertainment Precinct Pty Ltd v Centennial Park and Moore Park Trust [2004] NSWSC 214 Royal Diamonds Pty Ltd v Buttle [2016] NSWCATAP 230 Taylor v Johnson (1983) 151 CLR 422 Texts Cited: Nil Category: Principal judgment Parties: Donald McCrae Bentley (Appellant) Garage 88 Sydney Pty Ltd (Respondent) Representation: Appearances: B Grant- Solicitor (Appellant) MC Koyunco- Solicitor (Respondent)