Humphries v C J & D M Meyn t/a B & S Panels [2023] NSWCATAP 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Humphries v C J & D M Meyn t/a B & S Panels [2023] NSWCATAP 9 Hearing dates: 12 December 2022 Date of orders: 19 January 2023 Decision date: 19 January 2023 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member P H Molony, Senior Member Decision: (1) Appeal allowed. (2) The order made by the Tribunal on 14 September 2022 is set aside and in substitution for it make the following order is made: C J & D M Meyn t/a B & S Panels is to pay Christopher Nigel Humphries the sum of $10,711.50 immediately. Catchwords: Appeal – question of law – assessment of damages under s 267(4) of the Australian Consumer Law – whether costs of sandblasting and repainting vehicle reasonably foreseeable loss when respray fails. Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Cases Cited: Baak v Concrete Services Group Pty Ltd [2016] NSWCATAP 42 Bavin v Parklea Operations Pty Ltd [2019] NSWCATAP 120 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64; [1991] HCA 54 Fink v Fink [1946] HCA 54; (1946) 74 CLR 127, Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Tuck v White [2016] NSWCATAP 132, Texts Cited: None Category: Principal judgment Parties: Christopher Nigel Humphries – Appellant Caroline Jean Meyn and Dennis Jeffrey Meyn t/a B & S Panels – Respondent Representation: Appellant – Self-represented. Respondent – Ms Meyn File Number(s): 2022/00299058 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 14 September 2022 Before: D Ash, General Member File Number(s): MV 22/24072