Skiba v Serendipity (WA) Pty Ltd t/as Advanced Personal Management [2019] NSWCATAP 224

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Skiba v Serendipity (WA) Pty Ltd t/as Advanced Personal Management [2019] NSWCATAP 224 Hearing dates: 12 March 2019 Date of orders: 10 September 2019 Decision date: 10 September 2019 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member P H Molony, Senior Member Decision: (1) Appellant's application for an extension of time within which to lodge her Notice of Appeal is dismissed. (2) Appeal dismissed. (3) Within 14 days the respondent may file written submissions in relation to the costs of the appeal. (4) Within a further 14 days the appellant may file submissions in response. (5) Any submissions filed in accordance with orders 3 and 4 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: CONSUMER CLAIM – whether services provided by the respondent fell within s 79F(1) of the Fair Trading Act 1987 (NSW) – whether the services were provided, granted of conferred in trade or commerce

CONSUMER CLAIM – whether remedy sought fell within the terms of s 79E of the Fair Trading Act 1987 (NSW) Legislation Cited: Australian Consumer Law Competition and Consumer Act 2010 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Social Security Act 1991 (Cth) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Concrete Constructions (NSW) Pty Ltd v Nelson [1990] HCA 17; (190) 169 CLR 594 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 Kennett v Financial Ombudsman Services Ltd [2017] NSWSC 1240 Kennett v Financial Ombudsman Service Ltd [2017] NSWCATAP 59 Lam v Steve Jarvie Motors [2016] NSWCATAP 186, a Plath v Snowy Monaro Regional Council [2019] NSWCATAP 165 Williams v Pisano [2015] NSWCA 177 Texts Cited: None cited Category: Principal judgment Parties: Zofia Skiba (Appellant) Serndipity (WA) Pty Ltd t/as Advanced Personal Management (Respondent) Representation: Counsel: A Fleckno-Brown (Respondent)