Temple v AMR Motors Pty Limited [2017] NSWCATAP 221

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Temple v AMR Motors Pty Limited [2017] NSWCATAP 221 Hearing dates: 05 July 2017 Date of orders: 05 July 2017 Decision date: 05 July 2017 Jurisdiction: Appeal Panel Before: M Craig QC, ADCJ, Principal Member D Goldstein, Senior Member Decision: 1. Leave to appeal is refused.

2. The Appeal is dismissed.

3. Reasons to be delivered. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal – internal appeal – no question of law identified – whether substantial miscarriage of justice demonstrated so as to require that leave to appeal be granted – no error of principle in fact finding by Tribunal Member Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Consumer Claims Act 1998 (NSW) Fair Trading Act 1987 (NSW) Motor Dealers Act 1974 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Temple v AMR Motors Pty Limited [2016] NSWCATAP 121 Category: Principal judgment Parties: Barbra Temple and Thomas Fischer (Applicants) AMR Motors Pty Limited (First Respondent) Mazda Australia Pty Limited (Second Respondent) Representation: Applicants: In person (T Fischer) First Respondent: P Donato (employee) Second Respondent: Chooi-Lin Han (employee) File Number(s): AP 17/18244 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 22 March 2017 Before: J Levingston, General Member File Number(s): MV 16/28024