Ashcroft Cleaning Services Pty Ltd t/as Wiseberry Acclaim Real Estate v Braganza [2019] NSWCATAP 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ashcroft Cleaning Services Pty Ltd t/as Wiseberry Acclaim Real Estate v Braganza [2019] NSWCATAP 14 Hearing dates: 28 November 2018 Date of orders: 09 January 2019 Decision date: 09 January 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member T Simon, Senior Member Decision: (1) Charlene Braganza is joined as a respondent in the appeal. (2) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013, a further hearing is dispensed with. (3) Leave to appeal is refused and the appeal is otherwise dismissed. Catchwords: APPEAL – Leave to appeal – finding of misrepresentation in connection with agency agreement – failure to disclose relevant market conditions – decision available on the evidence Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Fair Trading Act, 1987 (NSW) Property, Stock and Business Agent's Act 2002 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Demagogue v Ramensky (1992) 39 FCR 31 Texts Cited: Nil Category: Principal judgment Parties: Ashcroft Cleaning Services Pty Ltd t/as Wiseberry Acclaim Real Estate (Appellant) Swail Braganza (First Respondent) Charlene Braganza (Second Respondent) Representation: Solicitors: Johnsons Law Group (Appellant) S Braganza (Self Represented) (Respondents) File Number(s): AP 18/38853 Publication restriction: Nil 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: 7 August 2018 Before: M Tibbey, Senior Member File Number(s): COM 18/20840