Croll v Form and Colour Pty Ltd; Form and Colour Pty Ltd v Croll [2024] NSWCATCD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Croll v Form and Colour Pty Ltd; Form and Colour Pty Ltd v Croll [2024] NSWCATCD 31 Hearing dates: 13 October 2023 Date of orders: 08 March 2024 Decision date: 08 March 2024 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: In proceedings HB 23/34272: 1. Declare that the sums of $3,685 and $6,922.30 the subject of invoices issued by the respondent on or about 22 April are not owing by the applicant to the respondent. 2. The application is otherwise dismissed. In proceedings HB 23/34269: 3. The application is dismissed. In both proceedings: 4. Within 14 days of the date of publication of these orders, either party may file and serve upon the other party an application for costs with submissions in support, not exceeding 5 pages, and any further evidence relevant to the question of costs. 5. If either party files an application in accordance with order (4), the other party may within a further 14 days file and serve upon the party seeking costs submissions in response, not exceeding five pages, and any further evidence relevant to the question of costs. Submissions in reply, not exceeding three pages, may be filed and served within a further 14 days. Catchwords: CONSUMER LAW – Misleading or deceptive conduct – Consumer guarantees – Supply of services – Guarantee as to due care and skill CONTRACTS – Termination – Repudiation of contract – Uncertainty – Severance of void term Legislation Cited: Australian Consumer Law Fair Trading Act 1987 (NSW) Home Building Act 1989 (NSW) Cases Cited: County Securities Pty Ltd v Challenger Group Holdings Pty Ltd [2008] NSWCA 193 Croll v Form and Colour Pty Ltd [2023] NSWCATAP 204 Fitzgerald v Masters (1956) 95 CLR 420 G Scammell and Nephew Ltd v Ouston [1941] AC 251 Grygiel v Baine [2005] NSWCA 218 Meehan v Jones (1982) 149 CLR 571 Shevill v Builders Licensing Board (1982) 149 CLR 620 Woodward v Warwick Green Building Pty Ltd [2021] NSWCATAP 210 Category: Principal judgment Parties: HB 23/34272 Felicity Croll (Applicant) Form and Colour Pty Ltd (Respondent)