Street v Finessence Pty Ltd [2017] NSWCATAP 172

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Street v Finessence Pty Ltd [2017] NSWCATAP 172 Hearing dates: 19 June 2017 Date of orders: 16 August 2017 Decision date: 16 August 2017 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member J Kearney, Senior Member Decision: Leave to appeal is refused, and the appeal is dismissed. Catchwords: APPEAL: Consumer claim – Claim for refund and repairs – Whether error of law – Whether leave to appeal should be granted Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Clements v Independent Indigenous Advisory Committee (2003) FCAFC 143; 131 FCR 28 Italiano v Carbone [2005] NSWCA 177 Prendergast v Western Murray Irrigation [2014] NSW CATAP 69 Category: Principal judgment Parties: Robert Street (Appellant) Finessence Pty Ltd (Respondent) Representation: Mr R Street (Appellant in person) Mr T Clarke (Respondent) File Number(s): AP 17/14407 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 15 March 2017 Before: C Marzilli, General Member File Number(s): GEN 16/48632

reasons for decision 1. This is an internal appeal from a decision of the Consumer and Commercial Division of the Tribunal made on 15 March 2017. 2. At that time the Tribunal made the following orders: 1. The application is dismissed because; having considered the material placed before it the Tribunal is not satisfied (civil standard of proof) that the grounds required to make the orders sought have been established. 1. Robert Street, the appellant, appeals that decision asserting various matters in the Notice of Appeal which during the hearing were refined, as set out below. 2. For the reasons that follow we dismiss the appeal.