Arebelle Pty Ltd t/as Cavallo Kitchens and Appliances v Nelson [2017] NSWCATAP 195

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Arebelle Pty Ltd t/as Cavallo Kitchens and Appliances v Nelson [2017] NSWCATAP 195 Hearing dates: 04 July 2017 Date of orders: 29 September 2017 Decision date: 29 September 2017 Jurisdiction: Appeal Panel Before: A Britton, Principal Member DAC Robertson, Senior Member Decision: (1) Leave to appeal refused.

(2) Appeal dismissed. Catchwords: CONSUMER LAW – failure to comply with consumer guarantees arising under Australian Consumer Law (NSW) DAMAGES – assessment of damages under s 267(4) of the Australian Consumer Law (NSW) – whether damages can be recovered where cost of undertaking rectification work has not been incurred. Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Lam v Steve Jarvin Motors [2016] NSWCATAP 186 L'Estrange v Graucob [1934] 2 KB 394 Toll (FGCT) Pty Limited v Alphapharm [2004] HCA 52; 219 CLR 165 Category: Principal judgment Parties: Arebelle Pty Ltd t/as Cavallo Kitchens and Appliances (Appellant) Carolyn Nelson (Respondent) Representation: A Dowling, director (Appellant) In Person (Respondent) File Number(s): AP 17/18146 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 27 March 2017 Before: P French, General Member File Number(s): HB 16/30415