Upton v Martin and Stein Antiques Pty Ltd [2017] NSWCATAP 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Upton v Martin and Stein Antiques Pty Ltd [2017] NSWCATAP 175 Hearing dates: 17 July 2017 Date of orders: 17 August 2017 Decision date: 17 August 2017 Jurisdiction: Appeal Panel Before: R Hamilton SC, Senior Member R Titterton, Senior Member Decision: 1. Appeal Dismissed 2. Leave to appeal refused Catchwords: Civil and Administrative Tribunal - whether question of law - no error of law - leave to appeal - no substantial miscarriage of justice – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Civil Procedure Act 2013 Uniform Civil Procedure Rules Cases Cited: Calin v The Greater Union Organisation PL (1991) 173 CLR 33 Collins v Urban [2014] NSWCATAP 17 Lombard Farms Pty Ltd v CCSR [2013] NSWCATAP 42 Maintek Services PL v Stein Heurtey SA [2013] NSWSC 266 Oshlack v Richmond River Council [1998] HCA 11 Politis v Federal Commissioner of Taxation [1988] FCA 446 Prendergast v Western Murray Irrigators Ltd [2014] NSWCATAP Category: Principal judgment Parties: Sandra Upton (Appellant) Martin & Stein Pty Ltd (Respondent) Representation: Ms Upton (Appellant) (self-represented– by phone) Garland Hawthorn Brahe Solicitors (Respondent File Number(s): AP17/13292 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 9 February 2017 Before: S De Jersey, General Member File Number(s): GEN 16/46976