Oasis Aussies Pty Ltd t/as Combined Smash & Mechanical Repair Services v Chai [2018] NSWCATAP 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Oasis Aussies Pty Ltd t/as Combined Smash & Mechanical Repair Services v Chai [2018] NSWCATAP 65 Hearing dates: 13 December 2017 Date of orders: 16 March 2018 Decision date: 16 March 2018 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member T Simon, Senior Member Decision: 1. Grant leave to appeal.

2. Appeal allowed in part.

3. Order 1 of the Tribunal is varied by setting aside the order for the sum of $3190.74 and substituting it with the sum of $2021.36.

4. Mr Chai to repay Oasis Aussies Pty Ltd t/as Combined Smash & Mechanical Repair Services with the sum of $1,169.38 immediately. Catchwords: APPEAL – appeal on question of law and application for leave to appeal - breach of the statutory guarantee that services will be rendered with due care and skill – assessment of damages – no issues of principle – failure of the Tribunal to take into account in the assessment of damages a finding that the appellant had not dented the front bumper bar Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Hadley v Baxendale (1854) 156 ER 145 Prendergast v Western Murray Irrigation Pty Ltd [2014] NSWCAPT 69, at [13] Category: Principal judgment Parties: Oasis Aussies Pty Ltd (Appellant) Cunyong Chai (Respondent) Representation: Counsel: A Ogborne for the Appellant