Sneesby v Market Direct Group Pty Ltd t/as Market Direct Campers [2019] NSWCATAP 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sneesby v Market Direct Group Pty Ltd t/as Market Direct Campers [2019] NSWCATAP 66 Hearing dates: 18 October 2018 Date of orders: 26 March 2019 Decision date: 26 March 2019 Jurisdiction: Appeal Panel Before: F. Corsaro SC, Senior Member G. Sarginson, Senior Member Decision: (1) Appeal allowed. (2) Orders of the Tribunal dated 29 June 2018 are set aside. (3) Matter remitted to the Tribunal to be determined according to law. (4) Any application for costs to be dealt with as follows: (5) The appellant is to file and serve written submissions on the issue of costs by 14 days from the date of this decision. Such submissions are to include reference to whether or not the appellant agrees to costs being determined on the papers in accordance with s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). (6) The respondent is to file and serve any written submissions on the issue of costs in response to the appellant's submissions on or before 14 days thereafter. (7) Subject to the submissions of the parties, the issue of costs may be determined on the papers and without further oral hearing in accordance with s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: CONSUMER CLAIM---Procedural fairness---Adjournment ---Late service by party of voluminous documents---Whether adjournment should have been offered to other party---Whether error of law established CONSUMER CLAIM---Failure to consider parts of claim---Whether error of law established. CONSUMER CLAIM---Adequacy of reasons---Whether error of law established Legislation Cited: Australian Consumer Law 2010 Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW). Civil Liability Act 2002 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Armee v Brealey [2017] NSWCATAP 141 Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98 Collins v Urban [2014] NSWCATAP 17 Italiano v Carbone [2005] NSWCA 177 Legend Signage Pty Ltd v Australian Managed Print Solutions Pty Ltd [2018] NSWCATAP 269 Liang v Wincrest Group Pty Ltd [2018] NSWCATAP 126 Matumaini v Automobile Industries Pty Ltd [2017] NSWCATAP 93 Morgan v Shardlan Pty Ltd as Trustee for the Stumar Family Trust t/as Carpet One and Blinds Wagga Wagga [2018] NSWCATAP 143 Ndaira v Allways Building NSW Pty Ltd [2018] NSWCATAP 279 Nguyen and Sy v The Trustee for the Nero CKD Unit Trust t/as View by Sydney [2017] NSWCATCD 98 O'Neill v T & I Engines Pty Ltd [2015] NSWCATAP 77 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Roberts v Morphett Constructions Pty Ltd [2018] NSWCATAP 33 Rockwell Constructions Pty Ltd v Llamas [2018] NSWCATAP 262 Scenic Tours Pty Ltd v Moore [2018] NSWCA 238 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Category: Principal judgment Parties: Deirdre Sneesby (Appellant) Market Direct Group Pty Ltd t/as Market Direct Campers (Respondent) Representation: Counsel: I. Chatterjee (Appellant) B. Taylor (Respondent)