Douglas v Taylor & Whitty Pty Ltd [2018] NSWCATAP 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Douglas v Taylor & Whitty Pty Ltd [2018] NSWCATAP 39 Hearing dates: 16 January 2018 Date of orders: 07 February 2018 Decision date: 07 February 2018 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member R Perrignon, Senior Member Decision: 1. The appeal is dismissed. 2. Leave to appeal is refused. 3. Vary Order 1 of the Tribunal's orders of 5 September 2017 so as to read:

The application is dismissed on the bases that the Tribunal lacks jurisdiction to hear a consumer claim of this kind, and that the application is misconceived and lacking in substance having regard to the mutual releases contained in the Settlement Agreement. Catchwords: APPEALS – appeal against order dismissing application – where claim misconceived and lacking in substance, justifying dismissal pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Fair Trading Act 1978 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law (VIC) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Pholi v Wearne [2014] NSWCATAP 78 Texts Cited: Cairns, Australian Civil Procedure, 11th Edition. Category: Principal judgment Parties: Douglas Willshire (Appellant) Taylor and Whitty Pty Ltd (Respondent) Representation: Appellant: Self Represented Respondent: Mr Taylor represented Taylor and Whitty Pty Ltd File Number(s): AP 17/42036 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 5 September 2017 Before: D Barnetson, General Member File Number(s): GEN 17/32861