Pratt v Mazda Australia Limited [2016] NSWCATAP 274

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pratt v Mazda Australia Limited [2016] NSWCATAP 274 Hearing dates: 25 August 2016 Date of orders: 25 August 2016 Decision date: 25 August 2016 Jurisdiction: Appeal Panel Before: J Harris SC, Senior Member T Simon, Senior Member Decision: Appeal dismissed Catchwords: Consumer Claim, motor vehicle, against the weight of evidence Category: Principal judgment Parties: Wayne and Kay Pratt (Applicants) Mazda Australia Limited (Respondent) Representation: Mr Pratt (Applicants) Ms Han (Respondent) File Number(s): AP 16/21905 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 19 April 2016 Before: D Goldstein, Senior Member File Number(s): MV 15/53949

Reasons for Decsion 1. Oral reasons were given at hearing and these reasons have been provided following a request for written reasons by the applicant.

Application 1. On 21 March 2016, the Tribunal below heard evidence and argument in this application. The Senior Member delivered some oral reasons and a decision on that date. A request was filed for written decisions and a written decision was produced and published on 19 April 2016. 2. A notice of appeal has been filed and the notice of appeal itself bears the date 3 March 2016 but as the Tribunal's records show it was in fact filed on 18 May 2016.

Jurisdiction 1. At the outset of the hearing of this appeal we gave consideration to whether the appeal was filed within time and we concluded that it had been filed in time. We concluded that the date from which the time period should be calculated was the day on which the reasons were published, that is 19 April. The prescribed period contained within the rules is 28 days from that date in our view and the appeal was therefore within time when filed on 18 May 2016. 2. In our view therefore an issue of time does not arise and the appeal has been regularly filed.