Zey v Bunnings Group Ltd [2016] NSWCATAP 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zey v Bunnings Group Ltd [2016] NSWCATAP 72 Hearing dates: 11 February 2016 Date of orders: 31 March 2016 Decision date: 31 March 2016 Jurisdiction: Appeal Panel Before: M Dicker SC, Senior Member K Rosser, Senior Member Decision: 1. The appeal is dismissed. 2. Leave to appeal is refused. Catchwords: APPEAL – Consumer Claim – Australian Consumer Law – Fit for disclosed purpose – Weight of evidence - Whether question of law established – leave to appeal Legislation Cited: Civil and Administrative Act 2013 Consumer Claims Act 1998 Fair Trading Act 1999 Australian Consumer Law Cases Cited: Herbert v American Express Australia Ltd [2016] NSWCATAP 47 Jenkinson v Chaw [2015] NSWCATAP 127 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: Eedra Zey – Appellant Bunnings Group Ltd t/as Bunnings Warehouse Representation: Appellant - self- represented Respondent – Mr Martindale File Number(s): AP 15/50747 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 5 August 2015 Before: M Gilson, General Member File Number(s): GEN15/05133