Royal Diamonds Pty Ltd v Buttle [2016] NSWCATAP 230

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Royal Diamonds Pty Ltd v Buttle [2016] NSWCATAP 230 Hearing dates: 27 September 2016 Date of orders: 19 October 2016 Decision date: 19 October 2016 Jurisdiction: Appeal Panel Before: Cowdroy ADCJ, Principal Member A Boxall, Senior Member Decision: (1) The appeal be dismissed; (2) The orders made by the Tribunal on 16 May 2016 are confirmed; (3) The appellant pay the costs of the respondent of the appeal. Catchwords: CONSUMER PROTECTION – diamond ring advertised on the internet – respondent placed order and paid for ring – order confirmed by appellant – appellant refusing to provide ring - appellant claiming that a diamond ring was advertised at the incorrect price – unilateral mistake – claim for unconscionability by respondent in seeking to enforce contract – no evidence that respondent was aware of erroneous pricing as alleged – no evidence of unconscionable conduct by respondent - appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Sale of Goods Act 1923 (NSW) Cases Cited: AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Chwee Kin Keong v Digilandmall.com Pte Ltd [2005] SGCA 2 (13 January 2005) Fox Entertainment Precinct Pty Ltd v Centennial Park and Moore Park Trust [2004] NSWSC 214 Gurney v Womersley [1854] 119 ER 51 Hawcroft v Hawcroft General Trading Co Pty Ltd [2016] NSWSC 555 Hornsby Building Information Centre Pty Ltd V Sydney Building Information Centre Ltd [1978] HCA 11; (1978) 140 CLR 216 McRae v Commonwealth Disposal Commission (1951) 84 CLR 377 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44; (1982) 149 CLR 191 R v Credit Tribunal (SA); Ex-parte GMAC [1977] HCA 34; (1977) 137 CLR 545 Smith v Smith [2004] NSWSC 663 Taylor v Johnson (1983) 151 CLR 422 Tutt v Doyle (1997) 42 NSWLR 10 Yorke v Lucas (1985) 61 ALR 307 Texts Cited: Meagher, Gummow and Lehane, Equity Doctrines and Remedies (fifth edition, 2015) Category: Principal judgment Parties: Royal Diamonds Pty Ltd (Appellant) Nicholas Buttle (Respondent) Representation: Solicitors: Sage Solicitors (Appellant) Barrie Marais Solicitor (Respondent) File Number(s): AP 16/28929 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 18 May 2016 Before: J Levingston, General Member File Number(s): GEN 16/01640