NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Kennett v Financial Ombudsman Service Ltd [2017] NSWSC 1240 Hearing dates: 24 August 2017 Date of orders: 24 August 2017 Decision date: 15 September 2017 Jurisdiction: Common Law Before: Wilson J Decision: (1) Leave to appeal refused; (2) Summons filed on 18 April 2017 is dismissed; and (3) Costs on an ordinary basis in favour of the respondent to the summons. Catchwords: CIVIL PROCEDURE – application for leave to appeal a decision of the NCAT Appeal Panel – statutory construction of s 79(1) Fair Trading Act 1987 – procedural fairness – no error found – leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Consumer Claims Act 1998 (NSW) Fair Trading Act 1987 (NSW) Interpretation Act 1987 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Kennett v Financial Ombudsman Service Ltd [2017] NSWCATAP 59 Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Category: Principal judgment Parties: Melanie Kennett - Plaintiff Financial Ombudsman Service Ltd – Defendant Representation: Counsel: Mr A D'Arville – Plaintiff Mr M Wise – Defendant
Solicitors: Arslan Lawyers – Defendant File Number(s): 2017/116162 Publication restriction: None
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate