Ambs v Fraser [2017] NSWCATCD 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ambs v Fraser [2017] NSWCATCD 93 Hearing dates: 9 October 2017 Date of orders: 11 December 2017 Decision date: 11 December 2017 Jurisdiction: Consumer and Commercial Division Before: L Pearson, Principal Member Decision: 1 The application is dismissed. 2 No order as to costs. Catchwords: CONSUMER CLAIM – claim for refund for failure to provide contracted services - return of documents - Australian Consumer Law Legislation Cited: Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Australian Consumer Law (NSW) Cases Cited: Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 Matumaini v Automobile Industries Pty Ltd [2017] NSWCATAP 93 Pethybridge v Stedikas Holdings Pty Ltd [2007] NSWCA 154 Suncorp Metway Insurance Ltd v Owners Corporation SP 64487 [2009] NSWCA 223 Tomko v Palasty [2007] NSWCA 258. Category: Principal judgment Parties: Janette Ambs (Applicant) Wayne Fraser (Respondent) Representation: Applicant in person

G Lancaster, Lancaster Law & Mediation (Respondent) File Number(s): GEN 17/08043 Publication restriction: Nil

Judgment 1. On 18 February 2017 Ms Janette Ambs (the applicant) applied to the Tribunal for orders that Mr Wayne Fraser (the respondent) pay her $31,400.00; that he return goods to the value of $10,000.00; and that he do work or services to the value of $15,000.00. Ms Ambs stated in her application that the respondent had failed to provide the business and company advice services she contracted for, that he had failed to return all her personal and accounting records which would have to be recreated, and that she would be liable for additional accounting and legal costs to correct her affairs. 2. The parties were unable to reach any settlement at the conciliation and group hearing on 28 March 2017. Both parties were legally represented on that occasion. Leave was granted for both parties to be legally represented. Directions were made for the respondent to request and the applicant to provide particulars of the claim. At the next directions hearing on 22 May 2017, at which both parties were legally represented, directions were made for the parties to provide their evidence. On 26 June 2017 the applicant requested an extension of time to provide her documents to 30 June 2017, and on 30 June 2017 requested an extension of time to 4 July 2017. That request was granted, the time for provision of evidence was extended for both parties, and the hearing listed for 21 July 2017 was adjourned. 3. The matter was listed for hearing on 8 September 2017. On 3 July 2017 the applicant requested an adjournment on the basis that her solicitor was not available. That request was granted. The matter was then listed for hearing on 9 October 2017. On 4 October 2017 Mr Autore, the applicant's solicitor, advised the Tribunal that he no longer held instructions in the matter.