Como Leather Pty Ltd v Kerr [2019] NSWCATAP 268

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Como Leather Pty Ltd v Kerr [2019] NSWCATAP 268 Hearing dates: 10 September 2019 Date of orders: 07 November 2019 Decision date: 07 November 2019 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member G Sarginson, Senior Member Decision: 1. Stay of orders 1 and 2 of the Tribunal below made on 25 July 2019 is lifted. 2. Leave to appeal in relation to Ground 3 is refused. 3. Appeal dismissed. Catchwords: CONSUMER LAW – misleading or deceptive conduct – adequacy of reasons - representation as to material – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 62(2), 62(3), 80(2)(b), clause 12(1)(b) and (c) of Schedule 4 Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Category: Principal judgment Parties: Como Leather Pty Ltd (Appellant) Christine Kerr (First Respondent) Trevor Kerr (Second Respondent) Representation: Kylie Jordemir (Director of the Appellant) Respondents (Self-represented) File Number(s): AP 19/31468 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 25 June 2019 Before: S Hanstein, General Member File Number(s): GEN 19/14172