Barron v Ban [2017] NSWCATAP 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Barron v Ban [2017] NSWCATAP 103 Hearing dates: 13 March 2017 Date of orders: 09 May 2017 Decision date: 09 May 2017 Jurisdiction: Appeal Panel Before: R Seiden SC, Senior Member S Thode, Senior Member Decision: 1. Extend the time to file the appeal to 9 December 2016. 2. The appeal on questions of law disallowed. 3. Leave to extend the appeal to other grounds is refused. Catchwords: ADMINISTRATIVE LAW – NSW Civil and Administrative Tribunal – appeal – no error of law –leave to appeal – whether serious miscarriage of justice because decision not fair and equitable – no miscarriage of justice from the way case conducted or decided

AUSTRALIAN CONSUMER LAW – consumer guarantees – acceptable quality Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Motor Dealers and Repairers Act 2013 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Category: Principal judgment Parties: Brian Barron t/as Freedom Marine (Appellant) Michelle Annette Ban (Respondent) Representation: Appellant appeared in person Respondent appeared in person File Number(s): AP 16/53717 Decision under appeal Court or tribunal: NCAT Jurisdiction: Consumer & Commercial Division Citation: N/A Date of Decision: 08 November 2016 Before: D Moss, General Member File Number(s): GEN 16/28806