Outlaw Construction and Transport Services Pty Ltd v Taleb [2021] NSWCATAP 251

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Outlaw Construction and Transport Services Pty Ltd v Taleb [2021] NSWCATAP 251 Hearing dates: 18 August 2021 Date of orders: 27 August 2021 Decision date: 27 August 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Charles, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) If any party desires to make an application for costs of the appeal: (a) that party is to inform the other party of that application within 14 days of the date of this decision; (b) the applicant for costs is to lodge with the Appeal Panel and serve on the respondent to the costs application any written submissions of no more than five pages on or before 14 days from the date of this decision; (c) the respondent to any costs application is to lodge with the Appeal Panel and serve on the applicant for costs any written submissions of no more than five pages on or before 28 days from the date of this decision; (d) any reply submissions limited to three pages are to be lodged with the Appeal Panel and served on the other party within 35 days of the date of this decision; (e) the parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs application, and if they do not consent, submissions of no more than one page as to why an oral hearing should be conducted rather than the application being determined on the papers. Catchwords: CONSUMER LAW - consumer guarantees — supply of services — guarantee as to due care and skill - statutory guarantees not to be excluded by contract – existence of warranty to repair did not exclude remedies for breach of statutory guarantee ADMINISTRATIVE LAW — hearing rule — notice – time to prepare and serve evidence – notice given – no procedural unfairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b), Schedule 4, cl 12 Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law, ss 60, 267 Fair Trading Act 1987 (NSW), s 79N Cases Cited: Mendonca v Legal Services Commissioner [2020] NSWCA 84 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Shi v ABI-K Pty Ltd [2014] NSWCA 293 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Texts Cited: Nil Category: Principal judgment Parties: Outlaw Construction and Transport Services Pty Ltd (Appellant) Billal Taleb (Respondent) Representation: Solicitors: Plus Law Pty Ltd (Appellant) C & M Lawyers (Respondent) File Number(s): 2021/00165876 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 14 May 2021 Before: D Moss, General Member File Number(s): GEN 21/08495