Chi v Roger Fuller Pty Limited [2018] NSWCATAP 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chi v Roger Fuller Pty Limited [2018] NSWCATAP 95 Hearing dates: 22 March 2018 Date of orders: 23 April 2018 Decision date: 23 April 2018 Jurisdiction: Appeal Panel Before: D Cowdroy QC ADCJ, Deputy President G Sarginson, Senior Member Decision: (1) Leave to appeal on a question other than an error of law is refused.

(2) The appeal is dismissed.

(3) If the respondent makes an application for costs, such application is to be made in the manner set out in paragraph [64] of this decision. Catchwords: Appeal - Consumer claim - Error of law - Jurisdictional error - Procedural fairness - Bias - No error of law established Appeal - Consumer claim - Leave to appeal - Substantial miscarriage of justice - Leave refused Appeal - Practice and procedure - Adjournment application - Applicable principles - Adjournment refused. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Fair Trading Act 1987 Competition and Consumer Act 2010 Cases Cited: Collins v Urban [2014] NSWCATAP 17 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17;(2001) 205 CLR 507 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Coutts v Close [2014) FCA 19 House v the King [1936] HCA 40;(1936) 55 CLR 499 Calin v The Greater Union Organisation Pty Ltd [1991] HCA 23; (1991) 173 CLR 33 NSWLR 266 Anderson v Armitage [2014] NSWCATAP 72 O'Neill v T and I Engines Pty Ltd [2015] NSWCATAP 77 Armee v Brearley [2017] NSWCATAP 141 Category: Principal judgment Parties: Johny Chi (Appellant) Roger Fuller Pty Limited (Respondent) Representation: In person (Appellant) R Fuller, director (Respondent) File Number(s): AP 18/01732 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Date of Decision: 28 November 2017 Before: P Boyce, Senior Member File Number(s): GEN 17/01791