Chandra v RB & RK Real Estate t/as Starr Partners Fairfield [2018] NSWCATAP 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chandra v RB & RK Real Estate t/as Starr Partners Fairfield [2018] NSWCATAP 122 Hearing dates: 14 March 2018 Date of orders: 22 May 2018 Decision date: 22 May 2018 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member S Higgins, Senior Member Decision: 1. Leave to appeal refused.

2. Appeal dismissed. Catchwords: APPEAL - Tribunal held applicant had failed to prove loss - Whether Tribunal erred in so concluding - No question of principle. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Mitry v Zoom Relocations Group Pty Ltd [2018] NSWCATAP 88 Pholi v Wearne [2014] NSWCATAP 78 Category: Principal judgment Parties: Ramesh Chandra (Appellant) RB & RK Real Estate Pty Ltd T/AS Starr Partners Fairfield (Respondent) Representation: Counsel:

Solicitors: N/A R Chandra (Appellant in person) R Bhandari (Respondent director) File Number(s): AP 18/00048 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: N/A Date of Decision: 11 December 2017 Before: J Smith - Member File Number(s): GEN 17/31151

Reasons for decision

Background 1. This is an internal appeal from a decision of the Consumer and Commercial Division of the Tribunal made on 11 December 2017. 2. At that time the Tribunal dismissed the application made by the present appellant for damages for breach of contract and negligence said to be payable by the respondent. 3. The appellant now seeks to have that order set aside and, in lieu thereof, seeks an order that the respondent pay to him the sum of $7,500.00. 4. For the reasons that follow, leave to appeal is required and we would refuse leave. We would dismiss the appeal.