Bonanno v Blacktown Furniture Pty Limited t/as Harvey Norman Blacktown [2021] NSWCATCD 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bonanno v Blacktown Furniture Pty Limited t/as Harvey Norman Blacktown [2021] NSWCATCD 100 Hearing dates: 7 July 2021 Date of orders: 27 October 2021 Decision date: 27 October 2021 Jurisdiction: Consumer and Commercial Division Before: S Sutherland, General Member Decision: The respondent is to pay the applicant the amount of $285.00 on or before 1 November 2021. Catchwords: CONSUMER CLAIM – Acceptable quality – Dining table top – Factors taken into consideration as to acceptable quality – Claim applicant was the cause of the damage – Credibility of witness Legislation Cited: Australian Consumer Law (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Ace Action Motors Pty Ltd v Hoblos [2015] NSWCATAP 19 APS Satellite Pty Ltd (formerly known as Sky Mesh Pty Ltd) v Ipstar Australia Pty Ltd [2016] NSWSC 1898 APS Satellite Pty Ltd Merck Sharp & Dohme (Australia) Pty Ltd v Peterson (2011) 196 FCR 145 Prestige Auto Traders Australia Ltd v Bonnefin [2017] NSWSC 149 at [132] Medtel Pty Ltd v Courtney (2003) 130 FCR 182 Texts Cited: Nil Category: Principal judgment Parties: John Bonanno (Applicant) Blacktown Furniture Pty Limited t/as Harvey Norman Blacktown (Respondent) Representation: Applicant (Self represented) M Patel (Respondent) File Number(s): GEN 21/03520 Publication restriction: Nil

REASONS FOR DECISION 1. This is a claim by the applicant that a dining table that he purchased on 14 August 2018 is defective and not of acceptable quality pursuant to Section 54 of the Australian Consumer Law. The applicant seeks the amount of $285.00 for a replacement table top for the dining table. 2. The applicant's documents are marked Exhibit A1 and the respondent's documents are marked Exhibit R1.