Kim v Chung [2019] NSWCATAP 217

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kim v Chung [2019] NSWCATAP 217 Hearing dates: 11 July 2019 Date of orders: 19 September 2019 Decision date: 19 September 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President D Robertson, Senior Member Decision: (1) The appeal is allowed and the orders made 23 April 2019 are set aside. (2) The proceedings are remitted to the Consumer and Commercial Division of the Tribunal for rehearing consistent with these reasons. Catchwords: CONSUMER LAW – Consumer claims – claim for reimbursement of holding deposit received by appellant after cancellation of an off-the-plan apartment purchase – dispute on facts whether respondent had paid the full deposit or whether the appellant had lent the respondent part of the deposit – failure to consider evidence – adequacy of reasons CONSUMER LAW – Fair Trading Act – jurisdiction of the Tribunal – whether the appellant was a supplier – whether carrying on business Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Al-Daouk v Mr Pine t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Hyun Ja Kim aka Rosa Kim (Appellant) Kyung Hee Chung (Respondent) Representation: Solicitors: Appellant (Self Represented) Respondent (Self Represented) File Number(s): AP 19/23002 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 24 April 2019 Before: M Tibbey, Senior Member File Number(s): COM 18/50178, COM 18/54165