Dawood v Master Wealth Control Pty Ltd t/as DG Institute [2019] NSWCATAP 205

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dawood v Master Wealth Control Pty Ltd t/as DG Institute [2019] NSWCATAP 205 Hearing dates: 30 April 2019 Date of orders: 14 August 2019 Decision date: 14 August 2019 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member J McAteer, Senior Member Decision: (1) The appeal is dismissed. (2) If a party seeks an order for costs of the appeal, that party may file written submissions within 14 days of publication of these reasons seeking an order in relation to the costs of the appeal. (3) If a party files submissions in accordance with order 2, any other party may file submissions in response within a further 14 days. (4) Any submissions filed in accordance with orders 2 and 3 should address whether the question of costs may be determined on the papers and without a hearing pursuant to s50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: APPEAL – consumer claim – refund of course fees – whether misleading and deceptive conduct Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Fair Trading Act 1987 Australian Consumer Law (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Hany Dawood (Appellant) Master Wealth Control Pty Ltd t/as DG Institute (Respondent) Representation: Counsel: J Mack (Respondent)