Jenkinson v Chaw [2015] NSWCATAP 127

Jenkinson v Chaw [2015] NSWCATAP 127

The Tribunal below erred in law in failing to make necessary findings of fact regarding Ms Jenkinson's knowledge and involvement in the misleading and deceptive conduct and in not providing adequate reasons; moreover, the Tribunal did have jurisdiction to hear the consumer claim as it was not limited to claims against suppliers; the previous contrary decision in Robinson Murray v Bargshoon was overruled.

Parties
First Appellant: Karen Leigh Jenkinson; Second Appellant: Coverall Services Pty Ltd; Respondent: Chi Chaw
Jurisdiction
Australia
Judgment Date
02 July 2015
Procedural Posture
Appeal / Appeal Decision and Orders
Outcome
Appeal allowed. Order below set aside. Matter remitted for reconsideration.
Legal Topics
Jurisdiction of Tribunal, Consumer Claims, Misleading and Deceptive Conduct, Extension of Time, Adequacy of Reasons
Consumer Law Tribunal/administrative Law Jurisdiction of Tribunal Consumer Claims Misleading and Deceptive Conduct Extension of Time Adequacy of Reasons

Case Brief

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Parties

Karen Leigh Jenkinson

First Appellant

Coverall Services Pty Ltd

Second Appellant

Chi Chaw

Respondent

Procedural Posture

Appeal / Appeal Decision and Orders

Legal Issues

  1. 1 Whether the Tribunal had jurisdiction to hear a consumer claim not brought against a supplier
  2. 2 Whether the Tribunal's jurisdiction was limited by provisions of the Fair Trading Act 1987 (NSW)
  3. 3 Whether the Tribunal provided adequate reasons for findings of involvement in misleading and deceptive conduct

Ratio Decidendi

The Tribunal below erred in law in failing to make necessary findings of fact regarding Ms Jenkinson's knowledge and involvement in the misleading and deceptive conduct and in not providing adequate reasons; moreover, the Tribunal did have jurisdiction to hear the consumer claim as it was not limited to claims against suppliers; the previous contrary decision in Robinson Murray v Bargshoon was overruled.

Court Disposition

Appeal allowed. Order below set aside. Matter remitted for reconsideration.

Orders

  • The time for lodgement of the appeal be extended to 23 December 2014.
  • The appeal be allowed.