Edward Lees Imports Pty Ltd v Commissioner of Fair Trading; Commissioner of Fair Trading v Edward Lees Imports Pty Ltd [2019] NSWCATAP 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Edward Lees Imports Pty Ltd v Commissioner of Fair Trading; Commissioner of Fair Trading v Edward Lees Imports Pty Ltd [2019] NSWCATAP 134 Hearing dates: 13 December 2018, Appeal AP 19/19019 on the papers. Date of orders: 31 May 2019 Decision date: 31 May 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member M Anderson, Senior Member Decision: 1. Appeal AP 18/34666 is dismissed.

2. In respect of Appeal AP 18/37822, leave to appeal is refused and the appeal is otherwise dismissed.

3. A hearing of appeal AP19/01019 is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013.

4. In respect of appeal AP 19/01019, leave to appeal is refused and the appeal is otherwise dismissed.

5. The stay made on 14 August 2018 in respect of order 2 made 2 July 2018 in proceedings 2016/00378798 is lifted 28 days after publication of these orders.

6. Notwithstanding order 5, on and from the date of publication of these reasons Edward Lees Imports Pty Ltd is not to enter into any new transactions for which a motor dealers license is required for the purpose of selling motor vehicles to members of the public.

7. Liberty to apply to the Tribunal at first instance for any further ancillary orders to give effect to this decision.

8. In respect of costs, the following directions apply:

(a) Any party applying for costs (costs applicant) must do so within 7 days from the date of these reasons by filing an application for costs (costs application) together with written submissions, not exceeding 5 pages, and any evidence in support.