Shaw v Alt [2024] NSWCATAP 178

Shaw v Alt [2024] NSWCATAP 178

The sale of the pony was not made in the course of carrying on or purporting to carry on a business; therefore, the respondents were not 'suppliers' within the meaning of s 79D of the Fair Trading Act 1987 (NSW), and the Tribunal had no jurisdiction to determine the appellant's consumer claim. Leave to appeal is refused and the appeal is dismissed as no substantial miscarriage of justice was established, nor any error of law or fact.

Parties
Appellant: Kate Shaw; First Respondent: Jane Alt; Second Respondent: Christopher Alt
Jurisdiction
Australia
Judgment Date
17 September 2024
Procedural Posture
Appeal / Leave to Appeal and Appeal Determination
Outcome
Leave to appeal is refused and the appeal is dismissed.
Legal Topics
Jurisdiction, Supplier Definition, Australian Consumer Law, Appeals in NCAT, Contracts for Sale of Goods
Administrative Law Consumer Law Jurisdiction Supplier Definition Australian Consumer Law Appeals in NCAT Contracts for Sale of Goods

Case Brief

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Parties

Kate Shaw

Appellant

Jane Alt

First Respondent

Christopher Alt

Second Respondent

Procedural Posture

Appeal / Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 Whether the respondents are suppliers within the meaning of the Fair Trading Act 1987 (NSW)
  2. 2 Whether the Tribunal had jurisdiction to determine the sale of a pony
  3. 3 Whether the contract was entered in the course of carrying on a business or purporting to carry on a business

Ratio Decidendi

The sale of the pony was not made in the course of carrying on or purporting to carry on a business; therefore, the respondents were not 'suppliers' within the meaning of s 79D of the Fair Trading Act 1987 (NSW), and the Tribunal had no jurisdiction to determine the appellant's consumer claim. Leave to appeal is refused and the appeal is dismissed as no substantial miscarriage of justice was established, nor any error of law or fact.

Court Disposition

Leave to appeal is refused and the appeal is dismissed.

Orders

  • Leave to appeal is refused and the appeal is dismissed.
  • Within 7 days from the publication of these reasons, any applicant for costs is to file and serve any costs application, including any evidence and submissions (submissions to be not more than 5 pages).