Marine Energy Systems Pty Ltd v Crich [2016] NSWCATAP 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Marine Energy Systems Pty Ltd v Crich [2016] NSWCATAP 105 Hearing dates: 22 April 2016 Date of orders: 12 May 2016 Decision date: 12 May 2016 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member J Kearney, Senior Member Decision: 1. The appeal is upheld in part. 2. The decision of the Tribunal below is set aside. 3. Remit the matter to the Tribunal below, but only in order to re-calculate the quantum of damages in the manner described in the section of the reasons below under the heading Orders on appeal. 4. Leave to appeal is refused. Catchwords: APPEAL – breach of contract in supply of second-hand boat engine – assessment of damages – Tribunal below mistakenly included costs to install in boat – whether decision also not fair and equitable or against the weight of the evidence. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Marine Energy Systems Pty Ltd (Appellant) Keith Adams Crich (Respondent) Representation: Ian Clarke, Appellant Haley McEwen, solicitor for Respondent File Number(s): AP 16/07446 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Keith Adam Crich v Marine Energy Systems Pty Ltd [2016] NSWCAT Date of Decision: 12 January 2016 Before: M Gilson, General Member File Number(s): GEN 15/32871