My Stone Tiles Pty Ltd v Ell; My Stone Tiles Pty Ltd v Allen [2018] NSWCATAP 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: My Stone Tiles Pty Ltd v Ell; My Stone Tiles Pty Ltd v Allen [2018] NSWCATAP 7 Hearing dates: 22 March 2017 and 12 May 2017 Date of orders: 05 January 2018 Decision date: 05 January 2018 Jurisdiction: Appeal Panel Before: P R Callaghan SC, Principal Member D Goldstein, Senior Member Decision: (1) The application for leave to appeal is refused.

(2) The Appeal is dismissed.

(3) Any costs application must be lodged in the Appeal Division of the Tribunal and served on the costs respondent within 21 days of the date of these orders either attaching or referring to any documents relied upon in support of the application.

(4) The costs respondent will have 21 days after the date it receives the application referred to in the preceding paragraph to lodge in the Appeal Division of the Tribunal and serve on the costs applicant its submissions in response to the cost applicant's costs application, such submissions either attaching or referring to any documents relied upon.

(5) The cost applicant will have 14 days after the date it receives the cost respondent's submissions to lodge in the Appeal Division of the Tribunal and serve on the costs respondent its submissions, if any, in reply, such submissions either attaching or referring to any documents relied upon.

(6) Subject to the right of the parties to make submissions under section 50(3) of the Civil and Administrative Tribunal Act (which should be made in conjunction with the submissions referred to above), the Appeal Panel will determine any costs application on the basis of the papers lodged in the Appeal Division of the Tribunal. Catchwords: Australian Consumer Law - Guarantee as to acceptable quality and fitness for disclosed purpose. Legislation Cited: Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Barrak Corporation Pty Ltd v The Kara Group of Companies Pty Ltd [2014] NSWCA 395 Bull v NSW Land and Housing Corporation [2016] NSWCATAP Collins v Urban [2014] NSWCATAP 17 CSR Limited V Eddy [2008] NSWCA 83 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 (23 October 2014) LMA Contractors Limited v Changizi [2017] NSWCATAP 145 Re Minister for Immigration, Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Stead v State Government Insurance Commission (1986) 161 CLR 141 Stevanovski v CLK Plumbing Pty Ltd [2017] NSWCATAP 180 Texts Cited: Nil Category: Principal judgment Parties: AP 17/01262 My Stone Tiles Pty Ltd (Appellant) Jeremy Ell and Fiona Ell (Respondents)