Commissioner of Fair Trading v Harb & Anor [GD]

The case involved the Commissioner of Fair Trading, who brought proceedings against Harb and another party before the Civil and Administrative Tribunal (CAT). The Commissioner alleged breaches of the Australian Consumer Law in relation to the sale of goods. The Tribunal found against the Commissioner and in favour of Harb. The Commissioner appealed the Tribunal's decision, and Harb cross-appealed. The key legal issue before the court was the admissibility and weight to be given to expert evidence presented by Harb, as well as whether the Tribunal's findings were contrary to the evidence presented.

The court considered the principles of the Jones v Dunkel case regarding the admissibility of expert evidence and the weight to be given to it. The court found that the Tribunal had erred in its approach to the expert evidence and its findings. The Tribunal had not given proper consideration to the expert evidence, and its findings were contrary to the evidence presented. The court held that the Tribunal's findings were not supported by the evidence, and that the appeal by the Commissioner should be allowed. The cross-appeal by Harb was dismissed.

The court set aside the orders made by the Tribunal and remitted the case to be heard and decided again by the Tribunal as originally constituted. The case was to be heard without the hearing of further evidence and in accordance with the findings of the Appeal Panel. The appeal by the Commissioner was allowed, and the cross-appeal by Harb was dismissed. The court did not make any further orders.