Alliance Motor Auctions Pty Ltd v Saman [2018] NSWCATAP 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alliance Motor Auctions Pty Ltd v Saman [2018] NSWCATAP 137 Hearing dates: 07 May 2018 Date of orders: 31 May 2018 Decision date: 31 May 2018 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member J Kearney, Senior Member Decision: (1) The time for filing the notice of appeal is extended to 14 March 2018.

(2) Leave to appeal refused.

(3) Appeal otherwise dismissed.

(4) The stay of the orders made in application MV 17/38014 is lifted. Catchwords: APPEALS – leave to appeal – standard of proof – no question of principle Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1979 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Chandra v RB & RK Real Estate t/as Starr Partners Fairfield [2018] NSWCATAP 122 Collins v Urban [2014] NSWCATAP 17 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 eMovePty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Fitzgerald v Penn [1954] HCA 74; (1954) 91 CLR 268. March v Stramare (E & MH) Pty Ltd [1991] HCA 12; (1991) 171 CLR 506 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Pholi v Wearne [2014] NSWCATAP 78 Stapley v Gypsum Mines Ltd [1953] UKHL 4 Category: Principal judgment Parties: Alliance Motor Auctions Pty Ltd (Appellant) Mark Saman (Respondent) Representation: A Davenport, agent (Appellant) S Brennan (Respondent) File Number(s): AP 18/10892 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 12 February 2018 Before: P French, General Member File Number(s): MV 17/38014