Chang v Azari [2020] NSWCATAP 154

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chang v Azari [2020] NSWCATAP 154 Hearing dates: On the papers Date of orders: 27 July 2020 Decision date: 27 July 2020 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member G Sarginson, Senior Member Decision: (1) Allow the appeal. (2) Remit part of the proceedings to the Tribunal at first instance for re-determination, without further evidence, of the question whether, in addition to the amount of $5,323.40 the Tribunal, on 25 February 2020, ordered the respondent to pay the appellant, the respondent is to pay additional damages to the Appellant pursuant to s267 (4) of the Australian Consumer Law (NSW) in respect of the cost of new floorboards, new underlay and glue. Catchwords: CONSUMER LAW---Assessment of loss for non-compliance with statutory guarantees in respect of the supply of services----Not limited by contract price or extent of services the subject of the contract---Error of law. Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Bellgrove v Eldridge (1954) 90 CLR 613 Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272 Category: Principal judgment Parties: Justin Chang (Appellant) Abdullah Azari (Respondent) Representation: Solicitors: Appellant (Self Represented) Respondent (Self Represented) File Number(s): AP 20/12194 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 25 February 2020 Before: G Bassett, General Member File Number(s): HB 19/ 42299