Amos v PPT Investments Pty Ltd [2019] NSWCATAP 226

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Amos v PPT Investments Pty Ltd [2019] NSWCATAP 226 Hearing dates: 12 August 2019 Date of orders: 18 September 2019 Decision date: 18 September 2019 Jurisdiction: Appeal Panel Before: A P Coleman SC – Senior Member K Ransome – Senior Member Decision: 1. In so far as leave to appeal is required, leave is refused.

2. The appeal is dismissed. Catchwords: APPEAL - whether Tribunal wrongly refused adjournment - whether appellant denied procedural fairness. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Collins v Urban (2014) NSWCATAP 17 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Pholi v Wearne [2014] NSWCATAP 78 Category: Principal judgment Parties: Kevin Amos (Appellant) PPT Investments Pty Ltd (Respondent) Representation: Appellant (Self-represented) Mr M King – on behalf of respondent File Number(s): AP 19/28855 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: n/a Date of Decision: 22 May 2019 Before: Mr J Smith – Senior Member File Number(s): MV 19/05429

Reasons for decision 1. This is an internal appeal from a decision of the Consumer and Commercial Division of the Tribunal made on 22 May 2019. 2. At that time the Tribunal dismissed the appellant's claim for compensation from the respondent. The appellant's claim arises out of the servicing by the respondent of a Hyundai motor vehicle owned by the appellant. The appellant alleged that the respondent had used the wrong engine oil when servicing the vehicle, leading to damage to the engine. 3. For the reasons below, in so far as it is required we would refuse leave to appeal and dismiss the appeal.