Tabs Boats Pty Ltd v Jetty Boating Coffs Harbour Pty Ltd [2016] NSWCATAP 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tabs Boats Pty Ltd v Jetty Boating Coffs Harbour Pty Ltd [2016] NSWCATAP 130 Hearing dates: 9 March 2016 Date of orders: 16 June 2016 Decision date: 16 June 2016 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Goldstein, Senior Member Decision: 1 Leave to appeal is refused. 2 The appeal is dismissed. 3 The order made on 3 December 2015 for a stay of the orders made by the Tribunal at first instance on 9 October 2015 is discharged. Catchwords: APPEAL – sale by manufacturer of boat – whether Tribunal's remedial powers constrained by the general law - whether the Tribunal could order refund of the purchase price and return of the boat – correctness of finding of implied term as to satisfactory quality – new point on appeal that wrong party sued. Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 (NSW) Consumer Claims Act 1998 Fair Trading Act 1987 (NSW) Sale of Goods Act 1923 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Coulton v Halcombe (1986) HCA 33; 162 CLR 1 Hudson v Arp (No. 1) NSW Pty Ltd [2014] NSWCATAP 31 Jet 60 Minute Cleaners Pty Ltd v Brownette [1981] 2 NSWLR 232 State Rail Authority of New South Wales v Consumer Claims Tribunal (1988) 14 NSWLR 473 Suttor v Gundowda Pty Ltd [1950] HCA 35; 81 CLR 418 at 438; Texts Cited: Benjamin, The Sale of Goods, 9th Ed (2014) Category: Principal judgment Parties: Tabs Boats Pty Ltd (Appellant) Jetty Boating Coffs Harbour Pty Ltd (Respondent) Representation: Solicitors: K2 Law (Appellant) Fishburn Watson O'Brien (Respondent) File Number(s): AP 15/60856 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Jetty Boating Coffs Harbour Pty Ltd v Tabs Boats [2015] NSWCAT Date of Decision: 19 November 2015 Before: M Gilson, General Member File Number(s): GEN 15/26830