Fardoulis v Sony Australia Limited [2017] NSWCATAP 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fardoulis v Sony Australia Limited [2017] NSWCATAP 72 Hearing dates: 13 February 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member L Pearson, Principal Member Decision: 1. To the extent necessary, leave to appeal is granted.

2. The appeal is allowed.

3. The order made 24 October 2016 to dismiss the application is set aside and in lieu thereof the following orders are made:

(a) Within 30 days from the date of these orders, respondent is to carry out, at its cost, the repairs to Sony camera model ACLE-7RM2 serial number 4478990 set out in the quotation from Digicam No 119071 dated 23 August 2016 (Quotation) and thereafter test the camera and ensure it operates correctly;

(b) Following the carrying out of repairs in accordance with order (a), the camera is to be collected by the appellant from the office of the respondent at North Sydney. Catchwords: Adequacy of reasons- rejection of physical evidence of state of goods when returned following repair, finding implicitly rejecting evidence of witness, evaluation of relevant evidence.

Leave to appeal- decision not fair and equitable or against the weight of evidence. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Jason Fardoulis (Appellant) Sony Australia Limited (Respondent) Representation: Solicitor: In Person (Appellant) M Blair (employee for the Respondent) File Number(s): AP 16/50427 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 24 October 2016 Before: D Charles, Senior Member File Number(s): GEN 16/35494