Whipps v Caravan & RV Central Pty Ltd [2017] NSWCATAP 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Whipps v Caravan & RV Central Pty Ltd [2017] NSWCATAP 163 Hearing dates: 6 June 2017 Date of orders: 28 July 2017 Decision date: 28 July 2017 Jurisdiction: Appeal Panel Before: D Cowdroy QC, ADJC, Principal Member A Britton, Principal Member Decision: (1) The time to file the Notice of Appeal is extended to 7 March 2017.

(2) Appeal allowed.

(3) Decision under appeal is set aside.

(4) Application remitted to the Consumer and Commercial Division for determination in accordance with these reasons. Catchwords: PRACTICE AND PROCEDURE –– Civil and Administrative Tribunal (NSW) –– application for extension of time in which to appeal APPEAL — failure to consider a "substantial, clearly articulated argument" Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: AAI Ltd trading as GIO as agent for the Nominal Defendant v McGiffen [2016] NSWCA 229 Ali v AAI Limited [2016] NSWCA 110 Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244; 61 MVR 443 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 73 ALD 321; [2003] HCA 26; 77 ALJR 1088 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Rodger v De Gelder [2015] NSWCA 2011 Mistral International Pty Ltd v Polstead Pty Ltd [2002] NSWCA 321 Flannery v Halifax Estate Agencies Limited [1999] EWCA Civ 811; [2000] 1 WLR 377 Moylan v Nutrasweet [2000] NSWCA 337 Category: Principal judgment Parties: Peter Eugene Whipps (Appellant) Caravan & RV Central Pty Ltd trading as Avan NSW (Respondent) Representation: C Park, Solicitor (Appellant) A Bitcom (Respondent) File Number(s): AP 17/09704 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 30 May 2016 Before: S Smith, General Member File Number(s): MV 15/62016