Lin v Duce McKay Hunt Investments Pty Ltd [2017] NSWCATAP 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lin v Duce McKay Hunt Investments Pty Ltd [2017] NSWCATAP 142 Hearing dates: 23 May 2017 Date of orders: 28 June 2017 Decision date: 28 June 2017 Jurisdiction: Appeal Panel Before: PR Callaghan SC, Principal Member J McAteer, Senior Member Decision: (1) The application for leave to appeal is dismissed.

(2) The appeal is dismissed. Catchwords: APPLICATION FOR LEAVE TO APPEAL – no substantial miscarriage of justice – questions of fact – evidence at and conduct of hearing adequate for findings. APPEAL – no question of law identified – no question of law discernible. Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Residential Tenancies Act 2010 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Chang Yu Lin (Appellant) Duce McKay Hunt Investments Pty Ltd T/As First National Rod Jones (Respondent) Representation: S Zeng (Appellant) M Van Damme (Respondent) File Number(s): AP 17/10991 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Nil Date of Decision: 08 February 2017 Before: M Eftimiou, General Member File Number(s): GEN 16/47039