Ni Chroinin v Balo Group Pty Ltd [2017] NSWCATCD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ni Chroinin v Balo Group Pty Ltd [2017] NSWCATCD 14 Hearing dates: 19 January 2017 Decision date: 08 March 2017 Jurisdiction: Consumer and Commercial Division Before: L Pearson, Principal Member Decision: 1. The application is dismissed Catchwords: CONSUMER – Removalist services – Damage to goods – Contracting party Legislation Cited: Australian Consumer Law (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Clark v Macourt (2013) 304 ALR 220 Mayne Nickless Ltd v Crawford (1992) 59 SASR 490 Pethybridge v Stedikas Holdings Pty Ltd [2007] NSWCA 154 Read v Nerey Nominees Pty Ltd [1979] VR 47 Suncorp Metway Insurance Ltd v Owners Corporation SP 64487 [2009] NSWCA 223 Tomko v Palasty [2007] NSWCA 258 Category: Principal judgment Parties: Danielle Ni Chroinin (Applicant) Balo Group Pty Ltd (Respondent) Representation: D Ni Chroinin (Applicant in person) No appearance for Respondent File Number(s): GEN 16/47576 Publication restriction: Nil

Reasons for decision 1. On 28 October 2016 Danielle Ni Chroinin (the applicant) lodged an application to the Tribunal seeking an order for payment by Balo Group Pty Ltd (the respondent) of the amount of $1,074.95, for damage done by removalists to a suite of bedroom furniture in a move from Surry Hills to Wolli Creek on 28 October 2015. 2. The applicant provided an ASIC Current Company Extract for the respondent, which included the registered address. Correspondence from the Tribunal has been sent to that address. 3. The Tribunal is satisfied that the applicant is a consumer within the meaning of s 79D of the Fair Trading Act 1987 (NSW) (the FT Act), and that the application is a "consumer claim" as defined in s 79E of the FT Act, being for the supply of removalist services on 28 October 2015. The claim was lodged within the time period specified in s 79L of the FT Act, and the Tribunal has jurisdiction to determine the claim.