Como Leather Pty Ltd v Harris [2017] NSWCATAP 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Como Leather Pty Ltd v Harris [2017] NSWCATAP 95 Hearing dates: 3 March 2017 Date of orders: 28 April 2017 Decision date: 28 April 2017 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member DAC Robertson, Senior Member Decision: 1. Leave to appeal refused 2. Appeal dismissed Catchwords: APPEAL: consumer claim – supply of bedroom suite – consumer guarantee as to acceptable quality – whether reasonable time for supplier to remedy failure – whether error of law – whether substantial miscarriage of justice Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Fair Trading Act 1987 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Como Leather Pty Ltd (Appellant) Maryanne Harris (Respondent) Representation: D Robertson, instructed by Keystone Lawyers (Applicant) In person (Applicant) File Number(s): AP 16/52591 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 2 November 2016 Before: K Ross, General Member File Number(s): GEN 16/31014