Slee v De Graaf; Slee v Clough; Slee v Davies [2017] NSWCATAP 199

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Slee v De Graaf; Slee v Clough; Slee v Davies [2017] NSWCATAP 199 Hearing dates: 29 August 2017 Date of orders: 11 October 2017 Decision date: 11 October 2017 Jurisdiction: Appeal Panel Before: K O'Connor, AM, ADCJ, Deputy President Appeals Dr J Lucy, Senior Member Decision: (1) Appeal No. 17/22903: Slee v De Graaf. Dismissed.

(2) Appeal No. 17/22919: Slee v Clough. Dismissed.

(3) Appeal No. 17/22926: Slee v Davies:

(a) Appeal in respect of Ground 1 dismissed.

(b) Appeal in respect of Ground 2 allowed. Order of Tribunal varied to require Olivia Slee to pay Justine Linda Davies the sum of $4,260.46 immediately; and

(c) Ms Davies' application is remitted to the Tribunal (either as previously constituted or differently constituted) to redetermine the question of whether there should, in addition, be an order in favour of Ms Davies for the balance of the course fee $4,738.54), or part thereof. Catchwords: CONSUMER LAW – misleading or deceptive statements – statements made in presentations to prospective students considering enrolling in a makeup and beauty course - different versions of course director's statements – claimant's version preferred - whether civil standard of proof satisfied – whether contradictory evidence not taken into account – appeal dismissed. DAMAGES AWARD – Calculation – Failure to refer to competing evidence – remitted for reconsideration. Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 Trade Practices Act 1974 (Cth) Cases Cited: Watson v Foxman (1995) 49 NSWLR 315 Briginshaw v Briginshaw (1938) 60 CLR 336 Harbour Port Consulting v NSW Maritime [2011] NSWSC 813 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Gestmin SGPS SA v Credit Suisse Ltd [2013] EWHC 3560 The Nominal Defendant v Cordin [2017] NSWCA 6 Category: Principal judgment Parties: Olivia Slee (Appellant) Jessica Louise De Graaf (Respondent AP 17/22903) Lauren Christina Clough (Respondent AP 17/22919) Justine Linda Davies (Respondent AP 17/22926) Representation: J Pokoney, Acorn Lawyers (Appellant) In person (Respondents) File Number(s): AP 17/22903; AP 17/22919; AP 17/22926 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: De Graff [sic] v Slee; Clough v Slee; Davies v Slee [2017] NSWCATCD 26 Date of Decision: 18 April 2017 Before: D Goldstein, Senior Member File Number(s): GEN 16/41734; GEN 16/41791; GEN 16/41694