Thelfro v Merbron Pty Ltd t/as Burraneer Bay Marina [2018] NSWCATAP 251

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Thelfro v Merbron Pty Ltd t/as Burraneer Bay Marina [2018] NSWCATAP 251 Hearing dates: 9 October 2018 Date of orders: 22 October 2018 Decision date: 22 October 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member G Sarginson, Senior Member Decision: The appeal is allowed, the order dismissing application MV 18/15583 is set aside and the proceedings are remitted for rehearing. Catchwords: CONSUMER CLAIM – jurisdiction of Tribunal to determine a "consumer claim" – meaning of "services" and "supply" – consumer/ purchaser receiving services from agent employed by a vendor to advertise a boat for private sale Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Australian Competition and Consumer Commission v Flight Centre Limited (No 2) [2013] FCA 1313 Category: Principal judgment Parties: Susan Threlfo (First Appellant) Jayne Blake (Second Appellant) Merbron Pty Ltd t/as Burraneer Bay Marina (Respondent) Representation: J Blake (in person) for both appellants J Felgate (Director) (Respondent) File Number(s): AP 18/34998 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 09 July 2018 Before: C Marzilli, General Member File Number(s): MV 18/15583