Daly v Elite Introductions [2017] NSWCATCD 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Daly v Elite Introductions [2017] NSWCATCD 76 Hearing dates: 7 July 2017 Decision date: 31 August 2017 Jurisdiction: Consumer and Commercial Division Before: S.A. McDonald, Senior Member Decision: (1) Elite Introductions International Pty Ltd be joined as Second Respondent to the application; and

(2) The Respondents pay the Applicant the sum of $4,000.00. Catchwords: Civil and Administrative Tribunal Act (NSW) – consumer law – Australian Consumer Law Legislation Cited: Competition and Consumer Act 2010 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Introduction Agents Act 1997 (Victoria) Introduction Agents Act 2001 (Queensland) Cases Cited: Commissioner for Consumer Affairs v. Bona Fide Consultants Pty Ltd NSWSC, 28 March 1994, unreported Director-General of the Department of Fair Trading v. Joanna Monaghan and Anor [2003] NSWSC 1099 Category: Principal judgment Parties: Zoë Daly - Applicant Trudy Gilbert t/as Elite Introductions - First Respondent Elite Introductions International Pty Ltd ACN 116 607 642 – Second Respondent Representation: Applicant in person Ms Lisa Haynes for the Respondents File Number(s): GEN 17/11266 Publication restriction: Unrestricted

Reasons for decision 1. This is an application made by Ms Zoë Daly (Applicant) against Trudy Gilbert t/as Elite Introductions (First Respondent) arising out of introduction services provided by the First Respondent to the Applicant in 2016. 2. The Tribunal has jurisdiction pursuant to Part 6A of the Fair Trading Act 1987 (NSW) and more particularly pursuant to s 79F(1)(a) of that Act. 3. At the hearing before the Tribunal on 7 July 2017, the Applicant appeared in person and Ms Lisa Haynes, a senior employee of Elite Introductions pursuant to an authority provided by Ms Trudy Gilbert trading as Elite Introductions, appeared for the Respondent. 4. As a result of the hearing and a review of the parties' respective documents, the Tribunal has joined Elite Introductions International Pty Ltd ABN 64 116 607 642 as a Second Respondent in this application as it appears to be the proper entity with which the Applicant has contracted. The First Respondent is the founder and director of the Second Respondent.