Stellino v Bunnings Group Limited [2024] NSWCATAP 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stellino v Bunnings Group Limited [2024] NSWCATAP 124 Hearing dates: 6 June 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Appeal Panel Before: K Ransome, Principal Member D Ziegler, Senior Member Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The order made by the Tribunal on 12 March 2024 in 2023/00367880 is set aside and in substitution thereof the following order is made: Bunnings Group Limited is to pay Ben Graziano Stellino the sum of $13,460 within 14 days of the date of publication of these orders. Catchwords: APPEALS – decision against the weight of evidence. CONSUMER LAW – Consumer guarantees – guarantee as to acceptable quality. Legislation Cited: Australian Consumer Law 2010 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Cases Cited: Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2020] FCA 1672 Capic v Ford Motor Company Of Australia Pty Ltd [2021] FCA 715 Collins v Urban [2014] NSWCATAP 17 Ford Motor Company of Australia Pty Ltd v Capic [2023] FCAFC 179 Hall v Hawkins [2015] NSWCATAP 197 Category: Principal judgment Parties: Ben Graziano Stellino (Applicant) Bunnings Group Limited (Respondent) Representation: Applicant (Self-represented) S Macedo (Customer Relations Coordinator) (Respondent) File Number(s): 2024/00123292 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 07 March 2024 Before: D Ash, General Member File Number(s): 2023/00367880 (formerly GEN 23/49935)