Hi Dow Australia Pty Ltd v Shivlosh Australia Pty Ltd

In this case, Hi Dow Australia Pty Ltd appealed against a decision of the Civil and Administrative Tribunal of New South Wales, which awarded Shivlosh Australia Pty Ltd payment in lieu of notice following the termination of a consultancy agreement. The Tribunal awarded the sum despite there being no contractual entitlement to such payment. The appeal was heard by the Supreme Court of New South Wales, which had to determine whether the Tribunal had jurisdiction to award the sum and whether the claim was for a debt or liquidated demand for money, and whether it arose out of a contract between two traders. Additionally, the court had to consider whether the service provider acted in a discipline not ordinarily regarded as within the field of trade and commerce.

The court found that the Tribunal did not have jurisdiction to award the payment in lieu of notice as it was not a debt or liquidated demand for money. The court held that the claim arose out of a contract between two traders, and the services provided were in a discipline that could be regarded as within the field of trade and commerce. Therefore, the Tribunal's decision was outside its minor civil dispute jurisdiction. The court also held that the claim was not for a debt or liquidated demand for money, as it was not a sum certain or easily ascertainable from the contract.

The court granted leave to appeal and allowed the appeal in respect of the amount awarded as payment in lieu of notice. The decision of 26 November 2014 was set aside, and it was ordered that Hi Dow pay Shivlosh $5,169.52 by 5 November 2015. If Hi Dow had already paid Shivlosh $12,343.43 pursuant to the Tribunal's decision, then it was ordered that Shivlosh pay Hi Dow $7,173.91 by 5 November 2015. The court held that the amount awarded by the Tribunal was excessive and not in line with the principles of fairness and reasonableness.