Roberts v Chan & Naylor Parramatta Pty Ltd [2018] NSWCATAP 69

Roberts v Chan & Naylor Parramatta Pty Ltd [2018] NSWCATAP 69

The Tribunal's jurisdiction to hear a consumer claim was excluded by s 79L(1)(a) of the Fair Trading Act 1987 (NSW) as the alleged loss was suffered, and cause of action accrued, more than three years before commencement of proceedings; the Tribunal could not extend its jurisdictional limitation by application of s...

Source-derived case information.

Parties
Appellant: Melinda Roberts; Appellant: Asset Rich Group Pty Ltd; Respondent: Chan & Naylor Parramatta Pty Ltd; Respondent: Clive Nelson
Jurisdiction
Australia
Judgment Date
27 March 2018
Procedural Posture
Internal Appeal / Hearing and Decision on Leave to Appeal
Outcome
leave to appeal refused; appeal dismissed; respondent's application for costs dismissed
Legal Topics
Limitation of Actions, Negligence, Jurisdiction, Consumer Claims, Professional Negligence
Consumer Law Tort Law Statutory Interpretation Limitation of Actions Negligence Jurisdiction Consumer Claims Professional Negligence

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Parties

Melinda Roberts

Appellant

Asset Rich Group Pty Ltd

Appellant

Chan & Naylor Parramatta Pty Ltd

Respondent

Clive Nelson

Respondent

Procedural Posture

Internal Appeal / Hearing and Decision on Leave to Appeal

Legal Issues

  1. 1 When did the cause of action in negligence accrue for the purpose of s 79L(1)(a) Fair Trading Act 1987 (NSW)?
  2. 2 Does the Tribunal have jurisdiction to extend time limits for bringing consumer claims?
  3. 3 Did the Tribunal err in failing to consider extension of time or failure to follow previous Tribunal authority?

Ratio Decidendi

The Tribunal's jurisdiction to hear a consumer claim was excluded by s 79L(1)(a) of the Fair Trading Act 1987 (NSW) as the alleged loss was suffered, and cause of action accrued, more than three years before commencement of proceedings; the Tribunal could not extend its jurisdictional limitation by application of s 41 of the Civil and Administrative Tribunal Act 2013 (NSW); leave to appeal was refused and the appeal dismissed on that basis.

Court Disposition

leave to appeal refused; appeal dismissed; respondent's application for costs dismissed

Orders

  • Leave to appeal refused.
  • Appeal dismissed.