Royal Flair Caravans Pty Ltd V Kylie Ryan Productions Pty Ltd [2022] NSWCATAP 215

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Royal Flair Caravans Pty Ltd V Kylie Ryan Productions Pty Ltd [2022] NSWCATAP 215 Hearing dates: 21 February 2022 & 24 May 2022 Date of orders: 30 June 2022 Decision date: 30 June 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member P Durack SC, Senior Member Decision: (1) The appeal is allowed. (2) Orders 3 and 4 of the orders made by the Tribunal on 20 July 2021 are set aside. (3) Orders 3, 4 and 5 of the orders made by the Tribunal on 2 November 2021 are set aside. (4) Within 21 days of the date when these reasons are issued the parties are to exchange and lodge with the Tribunal written submissions about the costs of the appeal, as well as whether the question of such costs should be dealt with on the papers and a hearing of that question be dispensed with. Within 14 days thereafter, the parties are to exchange and lodge with the Tribunal any written submissions in reply. Catchwords: CONSUMER LAW - claim by supplier to be indemnified by the manufacturer under s 274 of the Australian Consumer Law, NSW - both supplier and manufacturer found liable to purchaser of caravan for reduction in value flowing from breach of consumer guarantee of acceptable quality - whether Tribunal has jurisdiction and power to determine indemnity claim given the reference to making a claim in a court in s 274 (3) - in any event, whether conditions for indemnity in s 274 (1)(a) were satisfied-other issues concerning manufacturer's liability to indemnify the supplier in respect of the Tribunal's costs order against the supplier in favour of the consumer in the proceedings brought by the consumer against the supplier. APPEALS-- questions of law concerning jurisdiction of the Tribunal and power to make indemnity orders sought. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Consumer Claims Act 1998 (NSW) (repealed). Fair Trading Act 1987 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2020] FCA 1672 at 717. Commissioner of Police v Eaton [2013] HCA 2; 252 CLR 1 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 Commissioner of Stamp Duties v Permanent Trustee Co Ltd (1987) 9 NSWLR 719 Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Shin Kobe Maru" v Empire Shipping Co Inc ([1994] HCA 54; (1994) 181 CLR 404 State Rail Authority v Consumer Claims Tribunal and others (1988) 14 NSWLR 474 Vautin v BY Winddown, Inc. (formerly Bertram Yachts) (No 4) [2018] FCA 426 Category: Principal judgment Parties: Royal Flair Caravans Pty Ltd (Appellant) Kylie Ryan Productions Pty Ltd trading as Inside Outside Bathurst (Respondent) Representation: Counsel: A D Crossland (Appellant) C L W Street (Respondent)