Marskell & Anor v Davis & Ors t/as The Local Bloke Removals [2015] NSWCATCD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Marskell & Anor v Davis & Ors t/as The Local Bloke Removals [2015] NSWCATCD 34 Hearing dates: 5 March 2015 Decision date: 19 March 2015 Jurisdiction: Consumer and Commercial Division Before: J Levingston, General Member Decision: The respondents are to pay the applicants the sum of $600.00 within 14 days of this Order. Catchwords: CARRIER – household goods and chattels – bailment – common carrier - damage during transit – delay in delivery – items not delivered – personal injury arising from stress and anxiety - damages Legislation Cited: Australian Consumer Law (NSW) 2011 s 60, 64, 64A, 236 Civil and Administrative Tribunal Act 2013 (NSW) ss 28, 29. Schedule 4 clause 3 Civil Liability Act (NSW) 2002 ss 3 & 16 Common Carriers Act (NSW) 1902 ss 9 & 11 Fair Trading Act 1987 (NSW) s 28 Cases Cited: Biggin & Co Ltd v Permanite Limited (1951) 1 KB 422 Callaghan v William C Lynch Pty Ltd (1962) NSWR 871 Enzed Holdings Ltd v Wynthea Pty Ltd [1984] FCA 373; FCR 450 Flight Centre v Louw [2011] NSWSC 132 Category: Principal judgment Parties: Graeme Bruce Marskell & Helen Parker-Hyde (applicants) Paul Davis, Michael Davis and Cathy Davis t/as The Local Bloke Removals (respondents) Representation: The parties appeared in person. File Number(s): GEN 14/55802 Publication restriction: Nil

REASONS FOR DECISION

Application 1. This is an application filed 18 November 2014 by the applicants for loss and damage arising from the carriage and storage of their household goods and chattels pursuant to the Australian Consumer Law (NSW) 2013 ("ACL"). There is a claim for unlawful detention of goods, and the applicants also claim for consequential losses and non-economic loss arising from stress and anxiety.