RTO Experts Pty Ltd v Pathways Psychology Institute Pty Ltd [2018] NSWCATAP 216

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: RTO Experts Pty Ltd v Pathways Psychology Institute Pty Ltd [2018] NSWCATAP 216 Hearing dates: 15 November 2017 and 4 May 2018 Date of orders: 18 September 2018 Decision date: 18 September 2018 Jurisdiction: Appeal Panel Before: L P Robberds QC, Senior Member L Wilson, Senior Member Decision: (1) Leave to appeal is refused.

(2) The appeal is dismissed.

(3) The stay order made on 26 September 2017 is no longer operative and the $7,920 held in trust by the Tribunal is to be paid to the respondent. Catchwords: Contract for consulting services discharged – contract mutually abandoned – restitution for part of contract price – question whether any additional payment should be ordered remitted by Appeal Panel to Tribunal – WORDS AND PHRASES – substantial miscarriage of justice – fair and equitable – weight of evidence – significant new evidence – Civil and Administrative Tribunal Act 2013 (NSW) Sch 4, cl 12 Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: RTO Experts Pty Ltd (Appellant) Pathways Psychology Institute Pty Ltd (Respondent) Representation: In person (Appellant) In person (Respondent) File Number(s): AP 17/39715 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 5 September 2017 Before: M Eftimiou, General Member File Number(s): GEN17/21758