Sydney RV Group Pty Limited v Johnson [2018] NSWCATAP 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sydney RV Group Pty Limited v Johnson [2018] NSWCATAP 102 Hearing dates: 14 September 2017 Date of orders: 01 May 2018 Decision date: 01 May 2018 Jurisdiction: Appeal Panel Before: M Craig QC ADCJ, Principal Member J McAteer, Senior Member Decision: (1) Grant leave to appeal.

(2) Appeal upheld.

(3) Set aside the decision of the Tribunal made on 26 June 2017.

(4) Remit the proceedings to the Consumer and Commercial Division of the Tribunal for determination according to law. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal – appeal – decision against the weight of evidence – whether substantial miscarriage of justice – significant chance of more favourable outcome Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Category: Principal judgment Parties: Sydney RV Group Pty Limited (Appellant) Alexander Johnson (Respondent) Representation: D Carberry, Employee (Appellant) S Bowen, Agent (Respondent) File Number(s): AP 17/30543 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 26 June 2017 Before: G Burton, Senior Member File Number(s): MV 16/52555