Gym Imports Direct Pty Ltd v Train on Squad Pty Ltd

Gym Imports Direct Pty Ltd appealed against a decision of the NSW Civil and Administrative Tribunal, which had ruled in favour of Train on Squad Pty Ltd. The Tribunal had ordered that Gym Imports must refund Train on Squad $7,274.08, which had been deducted from a deposit for the purchase of a property. Gym Imports challenged the Tribunal’s decision on several grounds, including that the Tribunal had failed to provide reasons for its decision, which was an error of law. Train on Squad argued that the appeal should be dismissed and that the decision of the Tribunal should stand.

The court had to determine whether the Tribunal had made an error of law in failing to provide reasons for its decision, and whether the Tribunal had denied the parties natural justice or procedural fairness. The court also had to decide whether Train on Squad was lawfully entitled to a refund of the amount deducted by Gym Imports from the deposit. The court found that the Tribunal had acted appropriately in making its decision, but had made an error of law by failing to provide reasons for its decision. The court also found that Train on Squad was lawfully entitled to a refund of the amount deducted by Gym Imports from the deposit.

The court granted leave to appeal and set aside the order of the Tribunal made 1 June 2022. The court ordered that Gym Imports must refund Train on Squad $7,274.08, plus $127.50 in filing fees paid to the Tribunal. The court also dismissed Gym Imports’ cross application. The court found that the Tribunal had made an error of law in failing to provide reasons for its decision, and that Train on Squad was lawfully entitled to a refund of the amount deducted by Gym Imports from the deposit. The court held that the order of the Tribunal should be set aside, and that Gym Imports must refund Train on Squad the sum of $7,274.08, plus $127.50 in filing fees paid to the Tribunal.