Designer Blinds and Plantations Pty Ltd v Finocchiaro [2021] NSWCATAP 190

Designer Blinds and Plantations Pty Ltd v Finocchiaro [2021] NSWCATAP 190

There was no error of law or established absence of procedural fairness; notice of hearing was sent to the correct business address of the appellant, and there was a rational evidential basis for the Tribunal's decision. No grounds were found to warrant overturning or varying the decision.

Source-derived case information.

Parties
Appellant: Designer Blinds and Plantations Pty Ltd; Respondent: Anna Finocchiaro
Jurisdiction
Australia
Judgment Date
25 June 2021
Procedural Posture
Appeal / Determination of Internal Appeal From Consumer and Commercial Division
Outcome
Appeal dismissed
Legal Topics
Procedural Fairness, Consumer Claims, Appeals, Jurisdiction
Consumer Law Procedural Fairness Consumer Claims Appeals Jurisdiction

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Parties

Designer Blinds and Plantations Pty Ltd

Appellant

Anna Finocchiaro

Respondent

Procedural Posture

Appeal / Determination of Internal Appeal From Consumer and Commercial Division

Legal Issues

  1. 1 Whether the appellant was denied procedural fairness by non-receipt of notice of hearing
  2. 2 Whether grounds exist to overturn or vary the primary decision under the Civil and Administrative Tribunal Act 2013 (NSW)

Ratio Decidendi

There was no error of law or established absence of procedural fairness; notice of hearing was sent to the correct business address of the appellant, and there was a rational evidential basis for the Tribunal's decision. No grounds were found to warrant overturning or varying the decision.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • The stay of order 3 made on 8 January 2021, granted on 3 February 2021, is lifted immediately.