De Coster v Wynstan Designs [2022] NSWCATCD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: De Coster v Wynstan Designs [2022] NSWCATCD 94 Hearing dates: 29 March 2022 Date of orders: 01 June 2022 Decision date: 01 June 2022 Jurisdiction: Consumer and Commercial Division Before: S Sutherland, Member Decision: 1. The respondent, Wynstan Designs Pty Ltd is to pay David De Coster & Sally Armati the sum of $4,200 by 15 June, 2022. 2. The power shade awning is returned to the respondent Catchwords: CONSUMER CLAIM – Defective Goods – Repair whether to acceptable quality - Major failure Legislation Cited: Fair Trading Act, 1987 (NSW) Australian Consumer Law (NSW) Cases Cited: Sky Mesh Pty Ltd v Ipstar Australia Pty Ltd [2016] NSWSC 1898; Merck Sharp & Dohme (Australia) Pty Ltd v Peterson (2011) 196 FCR 145; Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2020] FCA 1672; Smith v Ozzy's Cheapest Cars Pty Ltd [2019] NSWCATAP 278. Texts Cited: Nil Category: Principal judgment Parties: David De Coster & Sally Armati (Applicants) Wynstan Designs Pty Ltd (Respondent) Representation: Applicant (Self-represented) D Collins (Respondent) File Number(s): GEN 22/07190 Publication restriction: Nil

REASONS FOR DECISION 1. This is a claim by the applicant for the amount of $4,200 for a defective power shade awning that initially fell apart and then was returned to the respondent for rectification. The applicant claims that the repair did not fix the defects and the seams of the awning are puffing, bubbling, rippling and are unsightly and the produce is not of acceptable quality. The claim is brought pursuant to Section 54 of Australian Consumer Law (NSW).