Statewide Design & Print Pty Ltd v Icon Supplies Pty Ltd [2019] NSWCATAP 297

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Statewide Design & Print Pty Ltd v Icon Supplies Pty Ltd [2019] NSWCATAP 297 Hearing dates: 4 December 2019 Date of orders: 11 December 2019 Decision date: 11 December 2019 Jurisdiction: Appeal Panel Before: G K Burton SC, Senior Member A Boxall, Senior Member Decision: (1) Appeal allowed. (2) On a re-hearing of the primary application, dismiss the application. (3) Make no order as to the costs of the appeal and of the re-hearing. Catchwords: CONSUMER CLAIM - motor vehicle - alleged contract and total failure of consideration - no contract - no basis for recovery in money had and received Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Act (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Aiken v Short (1856) 156 ER 1180 David Securities PL v Commonwealth Bank of Australia (1992) 175 CLR 353, [1992] HCA 48 Porter v Latec Finance (Q) PL (1964) 111 CLR 177 Texts Cited: None cited Category: Principal judgment Parties: Statewide Design & Print PL (Appellant) Icon Supplies PL (Respondent) Representation: Solicitors: M Sande (Director) (Appellant) A Jeffery (Manager) (Respondent) File Number(s): AP 19/47957 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 26 September 2019 Before: J Ringrose, Senior Member File Number(s): MV 19/38035