Bob Abbott v Charlton Lakeside Marine v Charlton [2014] NSWCATAP 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bob Abbott v Charlton Lakeside Marine v Charlton [2014] NSWCATAP 116 Hearing dates: 13 October 2014 and 4 December 2014 Decision date: 23 December 2014 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J Wakefield, Senior Member Decision: In each of appeals AP 14/46481 and AP 14/46482 the Appeal Panel makes the following orders: (a)Appeal allowed; (b)The order made by the Tribunal in application GEN 13/52217 on 1 May 2014 is set aside; (c)Application GEN 13/52217 is dismissed. Catchwords: Breach of Australian Consumer Law guarantee Error of law Onus of proof Legislation Cited: Civil and Administrative Tribunal Act, 2013 Cases Cited: Currie v Dempsey (1967) 69 SR (NSW) 116 FAI General Insurance Company and Ors v Southern Cross Exploration NL and Ors 165 CLR 268 Khan v Kang [2014] NSWCATAP 48 Urban v Collins [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: Appellant: Bob Abbott t/a All Inflatable Boats File Number(s): AP 14/46481 and 14/46482 Publication restriction: Unrestricted Decision under appeal Jurisdiction: 150003 Citation: Not applicable Date of Decision: 2014-05-01 00:00:00 Before: G Meadows: Senior Member File Number(s): GEN 13/52217