Smith v Opalite Industries Pty Ltd t/as Opalite Caravans [2019] NSWCATAP 271

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v Opalite Industries Pty Ltd t/as Opalite Caravans [2019] NSWCATAP 271 Hearing dates: 23 September 2019 Date of orders: 13 November 2019 Decision date: 13 November 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President A Boxall, Senior Member Decision: (1) Time to file the Notice of Appeal is extended to 23 July 2019; and (2) Leave to appeal is refused and the appeal is otherwise dismissed. Catchwords: CONSUMER LAW – misrepresentations in connection with the supply of a caravan and information recorded on its compliance plate – determination of factual matters adverse to the appellants – refusal of leave to appeal. Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Mesiha v Murrell [2017] NSWCATAP 1 Texts Cited: Nil Category: Principal judgment Parties: Graham Smith (First Appellant) Sandra Smith (Second Appellant) Opalite Industries Pty Ltd t/as Opalite Caravans (First Respondent) John Royce Middleton (Second Respondent) Representation: Solicitors: First Appellant (Self Represented)(Second Appellant) H Mckensey (Director) (First Respondent) Second Respondent (Self Represented) File Number(s): AP 19/33070 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 20 June 2019 Before: S Hanstein, General Member File Number(s): MV 18/30033