Pathways Psychology Institute Pty Ltd v RTO Experts Pty Ltd [2017] NSWCATAP 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pathways Psychology Institute Pty Ltd v RTO Experts Pty Ltd [2017] NSWCATAP 65 Hearing dates: 20 February 2017 Date of orders: 28 March 2017 Decision date: 28 March 2017 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Charles, Senior Member Decision: (1) Leave to appeal is granted. (2) The appeal is upheld. (3) The decision of the Tribunal at first instance is set aside. (4) Order that the respondent pay the appellant the sum of $16,000.00 within 14 days of the date of these orders. (5) Order that the question whether any additional payment should be ordered to be paid by the respondent to the appellant by way of refund in respect of the two items referred to in the invoice dated 20 August 2015 as "Project time" in the sum of $5,000.00 and "Graduate Diploma of Relationship Counselling (11 Units)" in the sum of $7,920.00 be remitted to the Tribunal at first instance for determination by General Member Eftimiou. (6) Order that the question whether the respondent should be ordered to return to the appellant various text books provided to it by the appellant be remitted to the Tribunal at first instance for determination by General Member Eftimiou. Catchwords: APPEAL – consumer claim – discharge of contract for consulting services – contract mutually abandoned - restitution for part of contract price – whether several payments for distinct components of consideration that failed – ACL, NSW guarantees not applicable. Legislation Cited: Australian Consumer Law (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Herbert v American Express Australia Ltd & Ors [2016] NSWCATAP 47 Roxburgh v Rothmans of Pall Mall Australia Ltd [2001] HCA 68; (2001) 208 CLR 516. Texts Cited: Mason & Carter's, Restitution Law in Australia, 3rd ed. Category: Principal judgment Parties: Pathways Psychology Institute Pty Ltd (Appellant) RTO Experts Pty Ltd as trustee for the RTO Unit Trust trading as RTO Doctor (Respondent) Representation: Both parties were self-represented File Number(s): AP 16/53038 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2016] NSWCATCD Date of Decision: 10 November 2016 Before: M Eftimiou, General Member File Number(s): GEN 16/18677