Au v B & L Booth Pty Ltd trading as Creative by Design [2024] NSWCATAP 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Au v B & L Booth Pty Ltd trading as Creative by Design [2024] NSWCATAP 208 Hearing dates: 5 September 2024 Date of orders: 21 October 2024 Decision date: 21 October 2024 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member P H Molony, Senior Member Decision: (1) Appeal allowed. (2) The order made by the Tribunal on 22 May 2024 is set aside and lieu thereof the Appeal Panel makes the following orders: (a) The Tribunal orders the respondent B & L Booth Pty Ltd trading as Creative By Design Sydney to pay Karen Au the sum of $6,753.50 immediately. (b) The Tribunal declares that the amount of $2,772.50 is not owed by Karen Au to B & L Booth Pty Ltd trading as Creative By Design Sydney. Catchwords: CONSUMER LAW – consumer guarantees – supply of services – action against supplier - enforcement and remedies — action for damages — assessment of damages Legislation Cited: Competition and Consumer Law Act 2010 (Cth) sch 2 ('Australian Consumer Law') Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Alexandria Landfill Pty Ltd v Transport for NSW (2020) 103 NSWLR 479; [2020] NSWCA 165 Callinan v Power Equipment Pty Ltd [2023] QCA 246 Capic v Ford Motor Company of Australia Pty Ltd [2021] FCA 715 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578, [2000] FCA 1343 Craig v The State of South Australia (1995) 184 CLR 163 Elsayed v Tassone [2022] NSWCATAP 69 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Kirzner v Jetmaster Fireplaces Aust Pty Ltd [2021] NSWCATAP 255 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None Category: Principal judgment Parties: Karen Au (Appellant) B & L Booth Pty Ltd trading as Creative by Design (Respondent) Representation: Applicant (self-represented)