Carlson v ARA Engine Reconditioning Pty Ltd [2019] NSWCATAP 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Carlson v ARA Engine Reconditioning Pty Ltd [2019] NSWCATAP 149 Hearing dates: 28 March 2019 Date of orders: 18 June 2019 Decision date: 18 June 2019 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member Dr J Lucy, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. 3. Any application for costs, together with submissions and evidence in support of the application, is to be lodged with the Appeal Panel and given to the other party within 14 days of the publication of these orders. 4. Any submissions and evidence in response to the costs application are to be given to the Appeal Panel and the other party within 14 days thereafter. 5. Any submissions in reply are to be given to the Appeal Panel and the other party within 7 days thereafter. 6. Submissions are not to exceed five pages in length. 7. The parties are on notice that, subject to their submissions, the Appeal Panel proposes to dispense with a hearing and determine any costs application on the basis of the submissions and evidence provided. Catchwords: APPEAL – Consumer claim – Where respondent engaged by applicant to repair vehicle engine – Where appellant claimed respondent had failed to repair engine properly - Where respondent failed to comply with Tribunal's orders to return engine to appellant – Where appellant said he could not obtain an expert report without the engine – Where appellant did not request an adjournment - Whether Tribunal denied the applicant procedural fairness by failing to offer to adjourn the hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Competition and Consumer Act 2010 (Cth), Sch 2 - Australian Consumer Law Fair Trading Act 1987 (NSW) Motor Dealers and Repairers Act 2013 (NSW) Cases Cited: Beaman v Commissioner of Police, NSW Police Force [2018] NSWCATAP 12 Collins v Urban [2014] NSWCATAP 17 EPH17 v Minister for Immigration and Border Protection [2019] FCA 824 Italiano v Carbone [2005] NSWCA 177 Jackson v N K Tiling Pty Ltd [2017] NSWCATAP 106 Liristis v Corrective Services New South Wales (No 3) [2019] NSWSC 561 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; 209 CLR 597 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Shi v Abi-K Pty Ltd (2014) 87 NSWLR 568 Sullivan v Department of Transport (1978) 20 ALR 323; 1 ALD 383 Thompson v Chapman [2016] NSWCATAP 6 Wilson v Chan & Naylor Parramatta Pty Ltd as trustee for Chan & Naylor Parramatta Trust [2016] NSWCATAP 236 ZCA v NSW Trustee and Guardian [2016] NSWCATAP 192 Texts Cited: Nil Category: Principal judgment Parties: Damien Carlson (Appellant) ARA Engine Reconditioning Pty Ltd (Respondent) Representation: G Organ (agent for Appellant) A and J Kelleyan (Respondent employee/officer) File Number(s): AP 18/53550 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 22 November 2018 Before: J Levingston, General Member File Number(s): MV 18/30800