Baxter v Telgate Pty Ltd [2017] NSWCATAP 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Baxter v Telgate Pty Ltd [2017] NSWCATAP 17 Hearing dates: 9 January 2017 Date of orders: 27 January 2017 Decision date: 27 January 2017 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member D Charles, Senior Member Decision: The appeal is dismissed. Catchwords: APPEAL – consumer claim – defects in appearance and finish of bed furniture - finding of no major failure under ACL NSW - whether question of law – procedural fairness – bias - no error of law – leave to appeal – whether substantial miscarriage of justice – leave refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Competition and Consumer Act 2010 (Cth) The Australian Consumer Law 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Category: Principal judgment Parties: Allen Baxter (Appellant) Telgate Pty Ltd trading as Forty Winks Erina & West Gosford (Respondent) Representation: Mr A Baxter, appellant in person Ms H Hines for respondent File Number(s): AP 16/43992 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 09 September 2016 Before: J Ringrose, General Member File Number(s): GEN 16/29088