Escape Media Pty Limited v Lawler [2018] NSWCATAP 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Escape Media Pty Limited v Lawler [2018] NSWCATAP 17 Hearing dates: 14 December 2017 Date of orders: 18 January 2018 Decision date: 18 January 2018 Jurisdiction: Appeal Panel Before: M Craig QC ADCJ, Principal Member D Goldstein, Senior Member Decision: 1. If necessary, pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 extend time for lodging the Appellant's appeal to 4 October 2017.

2. Appeal upheld.

3. Set aside the order made in the Consumer and Commercial Division of the Tribunal on 17 July 2017.

4. Dismiss the application made by the respondent in proceedings GEN 16/46422. Catchwords: APPEAL – consumer claim – prize winner in competition – competition entry a consequence of magazine subscription – competition winner – value of prize asserted to be less than the promoted prize value – misleading and deceptive conduct – no loss sustained by the respondent – no entitlement to receive recompense for the difference between promoted value of the prize and the asserted value of goods received. Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Bartlett v Weatherill [2017] NSWSC 31 Lam v Steve Jarvin Motors Pty Limited [2016] NSWCATAP 186 Marks v GIO Australia Holdings Limited (1998) 196 CLR 494; [1998] HCA 69 Weatherill v Bartlett [2017] NSWCA 175 Category: Principal judgment Parties: Escape Media Pty Limited t/as 4WD Touring Australia (Appellant) Phillip Grant Lawler (Respondent) Representation: Appellant: T Robertson (Solicitor) Respondent: In Person Unrep File Number(s): AP 17/42328 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 17 July 2017 Before: M Gilson, General Member File Number(s): GEN 16/46422