Wilson v Chan & Naylor; Wilson v Chan & Naylor Parramatta Pty Ltd atf Chan & Naylor Parramatta Trust [2018] NSWCATAP 311

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wilson v Chan & Naylor; Wilson v Chan & Naylor Parramatta Pty Ltd atf Chan & Naylor Parramatta Trust [2018] NSWCATAP 311 Hearing dates: 2 October 2018 Date of orders: 20 December 2018 Decision date: 20 December 2018 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President R Perrignon, Senior Member Decision: (1) Except for the purposes of the orders below, the appeals are dismissed;

(2) The appellant's application filed in the Tribunal (GEN 17/39611) against Chan & Naylor Parramatta Pty Ltd as Trustee for Chan and Naylor Parramatta Trust, Henry Brisbane and Kenneth Raiss is transferred to the Local Court of New South Wales to be dealt with there in accordance with the rules and directions of that Court; and

(3) The appellant is to pay the costs of the respondents in both appeals in an amount agreed or as assessed. Catchwords: Limitation periods – federal jurisdiction – transfer to a Court – summary dismissal Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Judiciary Act 1903 Cases Cited: Attorney General for New South Wales v Gatsby [2018] NSWCA 254 Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45 Qantas Airways Limited v Lustig [2015] FCA 253 Scarcella v Lettice [2000] NSWCA 289 Shaw v State of New South Wales [2012] NSWCA 102 The NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd [2017] NSWSC 1194 Wardley Australia Ltd v Western Australia [1992] 175 CLR 514 Texts Cited: Nil Category: Principal judgment Parties: AP 18/30837 Stephen Wilson (Appellant) Chan and Naylor Pty Ltd (Third Respondent) Edward Chan (Fourth Respondent) David Naylor (Fifth Respondent) Kenneth Raiss (Six Respondent)