Phillips v KC Enterprises (NSW) Pty Ltd t/as Love Realty [2018] NSWCATAP 181

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Phillips v KC Enterprises (NSW) Pty Ltd t/as Love Realty [2018] NSWCATAP 181 Hearing dates: 14 May 2018 Date of orders: 26 July 2018 Decision date: 26 July 2018 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member D Fairlie, Senior Member Decision: 1. Leave to appeal refused.

2. Appeal dismissed.

3. Either party may file written submissions within 14 days seeking an order in relation to the costs of the appeal.

4. If either party files submissions in accordance with order 3, the other party may file submissions in response within a further 14 days.

5. Any submissions filed in accordance with orders 3 and 4 should address whether the question of costs may be determined on the papers and without a hearing pursuant to s50(2) of the Civil and Administrative Tribunal Act.

6.If no submissions are filed in accordance with orders 3 and 4, there will be no order in relation to the costs of the appeal. Catchwords: APPEAL – Consumer claim – Breach of Managing agency agreement – Whether error in finding of no actual loss – whether error in finding failure to act with due care and skill not established Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Fair Trading Act 1987 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Carolyn Phillips (Appellant) KC Enterprises (NSW) Pty Ltd trading as Love Realty Representation: Appellant in person M Bull, agent for respondent File Number(s): AP 18/10235 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 16 February 2018 Before: K Clark, General Member File Number(s): GEN 17/50614