Lam v Rallis Timber Pty Ltd [2021] NSWCATCD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lam v Rallis Timber Pty Ltd [2021] NSWCATCD 138 Hearing dates: 30 September 2021 Date of orders: 11 October 2021 Decision date: 06 October 2021 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC,Senior Member Decision: (1) The respondent is to pay the sum of $580.00 to the applicant immediately; (2) The proceedings are otherwise dismissed. Catchwords: CONSUMER CLAIM – Whether the supplier of goods failed to comply with the guarantee as to acceptable quality – Onus of proof not discharged – Proceedings dismissed Legislation Cited: Australian Consumer Law (NSW) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Cases Cited: None cited Texts Cited: Nil Category: Principal judgment Parties: Debbie Lam (Applicant) Rallis Timber Pty Ltd (Respondent) Representation: Applicant (Self-represented) B Andrianakos (Director) (Respondent) File Number(s): GEN 21/24706 Publication restriction: Nil

REASONS FOR DECISION

Overview 1. In these proceedings the applicant, Debbie Lam, seeks against the respondent, Rallis Timber Pty Ltd, relief under the Fair Trading Act 1989 (NSW) (FT Act) for failure to comply with the Australian Consumer Law (NSW) (ACL (NSW)) arising out of the purchase of timber for the replacement of the kitchen floor of her home. 2. I have decided that the respondent should pay the sum of $580.00 to the applicant, and the proceedings should otherwise be dismissed.