Mayhew v Gittany [2023] NSWCATAP 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mayhew v Gittany [2023] NSWCATAP 156 Hearing dates: 29 May 2023 Date of orders: 13 June 2023 Decision date: 13 June 2023 Jurisdiction: Appeal Panel Before: M A Harrowell, Deputy President G Blake AM SC, Senior Member Decision: Leave to appeal is refused and the appeal is dismissed. Catchwords: CONTRACT LAW – obligations of supplier where advice concerning construction method and location of structure not accepted CONSUMER LAW - obligations to provide services with due care and skill and to ensure services are fit for purpose or of a quality, state or condition that might reasonably be expected to achieve a required result - consumer not relying on skill or judgement of the supplier Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80 Australian Consumer Law (NSW), ss 60, 61 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Texts Cited: None cited Category: Principal judgment Parties: Stuart F Mayhew (Appellant) Marcel Gittany (First Respondent) Anne Gittany (Second Respondent) Representation: Appellant (Self Represented) Respondents (Self Represented) File Number(s): 2023/00092383 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 28 February 2023 Before: D Ash, General Member File Number(s): GEN 22/52771