Nguyen and Sy v The Trustee for the Nero CKD Unit Trust t/as View by Sydney [2017] NSWCATCD 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nguyen and Sy v The Trustee for the Nero CKD Unit Trust t/as View by Sydney [2017] NSWCATCD 98 Hearing dates: 11 July 2017 Date of orders: 31 October 2017 Decision date: 31 October 2017 Jurisdiction: Consumer and Commercial Division Before: G.J. Sarginson Senior Member Decision: 1. The name of the respondent is amended from View By Sydney (Dedes Waterfront Group) and Lisa Hobbs to The Trustee for the Nero CKD Unit Trust t/as View by Sydney. 2. The respondent is to pay the applicants $3,500.00 immediately. Catchwords: Consumer Claim---Consumer guarantees---Services unfit for purpose---Wedding reception venue affected by water leak---Reduction in quality of services---Assessment of damages Legislation Cited: Australian Consumer Law ss 60, 61, 64, 237, 267 Fair Trading Act 1987 ss 28, 32, 79D, 79E, 79L, 79N, 79U Civil Liability Act 2002 ss 3, 11A, 16 Cases Cited: Moore v Scenic Tours Pty Ltd (No 2) [2017] NSWSC 733 Lam v Steve Jarvin Motors Ltd [2016] NSWCATAP 186 Insight Vacations Pty Ltd v Young [2010] NSWCA 137 Flight Centre Pty Ltd v Louw [2011] NSWSC 132 Tralee Technology Holdings Pty Ltd v Yun Chen [2015] NSWSC 1259 Category: Principal judgment Parties: Anh-Lan Nguyen & Walter Sy v The Trustee for the Nero CKD Unit Trust t/as View by Sydney Representation: Applicants: In person

Respondent: Ms L Hobbs, Chief Executive Officer File Number(s): Gen 17/18066 Publication restriction: Nil