Sol & Mar Pty Ltd v The SG Spark Group Pty Ltd [2018] NSWCATAP 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sol & Mar Pty Ltd v The SG Spark Group Pty Ltd [2018] NSWCATAP 105 Hearing dates: 1 March 2018 Date of orders: 01 March 2018 Decision date: 01 March 2018 Jurisdiction: Appeal Panel Before: K O'Connor, AM, ADCJ, Deputy President K Ransome, Senior Member Decision: 1. The application for an extension of time in which to appeal is refused.

2. The appeal is dismissed. Catchwords: APPEAL - Consumer claim – no appearance of respondent at hearing – adjournment refused - appeal lodged out of time – no explanation for extensive delay Legislation Cited: Civil and Administrative Tribunal Act 2013 Category: Principal judgment Parties: Sol & Mar Pty Ltd (Appellant) The SG Spark Group Pty Ltd (Respondent) Representation: M Ferreira for the Appellant J Ponce for the Respondent File Number(s): AP17/52524 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Commercial and Consumer Division Date of Decision: 27 March 2017 Before: G Sarginson, Member File Number(s): COM 16/55670

reasons for decision 1. An ex tempore decision and reasons were given by the Appeal Panel on 1 March 2018. Written reasons under Section 62 of the Civil and Administrative Tribunal Act 2013 have subsequently been requested. The following is the formatted version of the reasons that were delivered on 1 March 2018.