Van Dyk v Gathercole (ATF The Gathercole Family Trust) [2018] NSWCATAP 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Van Dyk v Gathercole (ATF The Gathercole Family Trust) [2018] NSWCATAP 114 Hearing dates: 10 April 2018 Date of orders: 17 May 2018 Decision date: 17 May 2018 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President R Hamilton SC, Senior Member Decision: (1) Appeal upheld; (2) Dismissal by the Tribunal at first instance set aside; (3) Respondent to pay the applicant the sum of $4,036.02 within 14 days of publication of these reasons; (4) Respondent to collect the batteries supplied by it from the applicant's premises as soon as mutually convenient but otherwise within two months of the date of these orders; and (5) Each party to pay their own costs. Catchwords: Error of law – Inadequate reasons – Determination of application by Appeal Panel Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Hernady v Raccani [2016] NSWCATAP 67 Khan v Kang [2014] NSWCATAP 48 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Peter Van Dyk (Appellant)

Nathan Gathercole ATF The N & M Gathercole Family Trust (Respondent) Representation: Counsel: Not applicable

Solicitors: Not applicable File Number(s): AP 18/00844 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 11 December 2017 Before: C Paull, Senior Member File Number(s): GEN 17/24064