Annova Pty Ltd v Keshavarz [2019] NSWCATAP 196

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Annova Pty Ltd v Keshavarz [2019] NSWCATAP 196 Hearing dates: 8 May 2019 Date of orders: 02 August 2019 Decision date: 02 August 2019 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member L Wilson, Senior Member Decision: 1. Leave to Appeal refused. 2. Appeal dismissed. Catchwords: Appeal – Consumer Law – expert evidence not obtained prior to hearing – no adjournment sought or granted –no injustice to appellant demonstrated – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 38, 80(2)(b), 81(1); cl 12(1)(c) of Sch 4 Completion and Consumer Act 2010 (Cth) (ACL), ss 9, 45, 54, 54(2)(a), 54(2)(d), 54(6), 138; Pts 3-5 Fair Trading Act 1987 (NSW) Cases Cited: Agrison Pty Ltd v Madsen [2014] NSWCATAP 95 Collins v Urban [2014] NSWCATAP 17 CSR Limited v Eddy [2008] NSWCA 83 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 6 Shi v Abi-K Pty Ltd (2014) 87 NSWLR 568 Stead v State Government Insurance Commission (1986) 161 CLR 141 Street v Finessence Pty Ltd [2017] NSWCATAP 172 Category: Principal judgment Parties: Annova Pty Ltd t/as A1 BabyCare (Appellant) Kavian Keshavarz (First respondent) Aisha Yunusa (Second respondent) Representation: N Sharples, Director (Appellant self-represented) K Keshavarz (Respondent self-represented) File Number(s): AP 19/11633 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 5 February 2019 Before: J Millbank, General Member File Number(s): GEN18/51360