Commissioner for Consumer Affairs v Piantadosi

The Commissioner for Consumer Affairs appealed to the Full Court of the Supreme Court of South Australia against a decision of a Master. The dispute concerned the interpretation and application of the *Fair Trading Act 1987* (SA) and the *Consumer Transactions Act 1972* (SA) in relation to a contract for the supply of goods. The Commissioner sought to set aside an order made by the Master which had dismissed the Commissioner's application for an order that certain terms in the contract were unfair.

The central legal issue before the Full Court was whether the Master had erred in law by dismissing the Commissioner's application without affording the Commissioner an opportunity to present further evidence or arguments. Specifically, the Court had to determine if the Master's decision was premature and if the Commissioner had been denied procedural fairness. The Court also considered the substantive question of whether the terms in question were indeed unfair under the relevant legislation.

The Full Court found that the Master had indeed erred by dismissing the Commissioner's application without allowing the Commissioner to present their full case. The Court held that the Master should have afforded the Commissioner an opportunity to adduce further evidence and make further submissions before reaching a final determination on the fairness of the contract terms. The principles of procedural fairness required that parties be given a proper opportunity to be heard.

Consequently, the Full Court allowed the appeal, set aside the Master's order, and remitted the matter back to the Master for rehearing, with directions that the Commissioner be given the opportunity to present further evidence and arguments.