Modern Design Wardrobes Pty Ltd v Clayton [2021] NSWCATAP 378

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Modern Design Wardrobes Pty Ltd v Clayton [2021] NSWCATAP 378 Hearing dates: 11 November 2021 Date of orders: 23 November 2021 Decision date: 23 November 2021 Jurisdiction: Appeal Panel Before: The Hon Cowdroy AO QC ADCJ, Principal Member K Ransome, Senior Member Decision: The Appeal Panel orders that: (1) Leave to appeal is refused; (2) The appeal is dismissed; (3) The stay granted on 10 September 2021 is lifted; (4) The time for payment of the money order referred to in order (1) made on 6 August 2021 is extended to 3 December 2021; (5) The removal of the wardrobes as referred to in order (2) made on 6 August 2021 is to be carried out on or before 17 December 2021. Catchwords: APPEALS - Consumer claim – contract for the supply and installation of wardrobes – defects in design and installation – breach of statutory warranties – money order directed against supplier and cost of removal – whether decision was contrary to the evidence or otherwise unreasonable – whether Tribunal considered the rights of the appellant – whether money order should have been made – whether costs of removal should be awarded against appellant Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244; (2012) 61 MVR 443 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578; [2000] FCA 1343 Collins v Urban [2014] NSWCATAP 17 Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Eadie v Harvey [2017] NSWCATAP 201 House v The King (1936) 55 CLR 499; [1936] HCA 40 Legal Profession Complaints Committee v Rayney [2017] WASCA 78 Mifsud v Campbell (1991) 21 NSWLR 725 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Pilbara Infrastructure Pty Ltd v Economic Regulation Authority [2014] WASC 346 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rodger v De Gelder; [2015] NSWCA 211; (2015) 71 MVR 514 Wehi v Minister for Immigration and Border Protection [2018] FCA 1176 Category: Principal judgment Parties: Modern Design Wardrobes Pty Ltd (Appellant) Kylie Clayton (First Respondent) Michael Probert (Second Respondent) Representation: Solicitors: Appellant (Self Represented) Respondents (Self Represented) File Number(s): 2021/00236838 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 06 August 2021 Before: R Notley, Senior Member File Number(s): HB 21/12371