Plath v Snowy Monaro Regional Council [2019] NSWCATAP 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Plath v Snowy Monaro Regional Council [2019] NSWCATAP 165 Hearing dates: 21 May 2019 Date of orders: 04 July 2019 Decision date: 04 July 2019 Jurisdiction: Appeal Panel Before: Armstrong J, President S Westgarth, Deputy President Decision: (1) Appeal dismissed; (2) Any application by the respondent for an order that costs of the appeal be paid by the appellant must be filed and served within 21 days of the date of these orders; (3) If the respondent files and serves submissions for an order for costs, the appellant has 21 days to file and serve his submissions in opposition to the application for a costs order; and (4) The submissions of both parties should include a submission as to whether it is appropriate for the Appeal Panel to determine costs on the papers and dispense with a hearing under s 50(3) of the Civil and Administrative Act 2013 Catchwords: CONSUMER CLAIM – supplier carrying on a business – government or regulatory services Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Local Government Act 1993 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Corrections Corporation of Australia Pty Ltd v Commonwealth (2000) 104 FCR 448; [2000] FCA 1280 J S McMillan Pty Ltd & Ors v Commonwealth of Australia (1997) 77 FCR 337; [1997] FCA 619 Mid Density Development Pty Limited v Rockdale Municipal Council (1992) 39 FCR 579; [1992] FCA 1036 Murphy v State of Victoria & Anor [2014] VSCA 238 Roo Roofing Pty Ltd v Commonwealth [2019] VSC 331 Salvation Army (New South Wales) Property Trust v Commonwealth [2015] FCA 674 Sirway Asia Pacific Pty Ltd v Commonwealth [2002] FCA 1152 Smith v Capewell (1979) 142 CLR 509 Texts Cited: Nil Category: Principal judgment Parties: Graeme Darcy Plath (Appellant) Snowy Monaro Regional Council (Respondent) Representation: Solicitors: M Herbert (Respondent) File Number(s): AP 19/10413 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 30 January 2019 Before: P Boyce, Senior Member File Number(s): GEN 18/36167