PPT Investments Pty Ltd v DRE Group Pty Ltd [2022] NSWCATAP 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: PPT Investments Pty Ltd v DRE Group Pty Ltd [2022] NSWCATAP 157 Hearing dates: 2 May 2022 Date of orders: 16 May 2022 Decision date: 16 May 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member G Curtin SC, Senior Member Decision: (1) the Appeal is allowed; (2) the orders of the Tribunal of 10 December 2021 are set aside; (3) in lieu thereof, order that the respondent's application is dismissed; (4) the respondent is to pay the appellant's costs of the appeal as agreed or assessed. Catchwords: CONSUMER LAW — consumer guarantees — supply of goods — guarantee as to acceptable quality - primary facts or inferences found were incapable of justifying the ultimate finding of fact – question of acceptability a question of fact and degree Legislation Cited: Australian Consumer Law (NSW), s 54 Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A Consumer Guarantees Act 1993 (NZ) Cases Cited: Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2020] FCA 1672 Campbell v Caravan & RV Central Pty Ltd [2016] NSWCATCD 91 Carey-Hazell v Getz Bros and Co (Aust) Pty Ltd [2004] FCA 853; (2004) ATPR 42-014 Contact Energy Ltd v Jones [2009] 2 NZLR 830 Dwyer v Volkswagen Group Australia Pty Ltd t/as Volkswagen Australia [2021] NSWSC 715 Thompson v Chapman [2016] NSWCATAP 6 Wesiak v D & R Constructions (Aust) Pty Ltd [2016] NSWCA 353 Williams v Toyota Motor Corporation Australia Limited (Initial Trial) [2022] FCA 344 Texts Cited: Nil Category: Principal judgment Parties: PPT Investments Pty Ltd (Appellant) DRE Group Pty Ltd (Respondent) Representation: Counsel: I Chatterjee (Appellant)