Tang t/as Better Aquariums v Karatasoulis [2018] NSWCATAP 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tang t/as Better Aquariums v Karatasoulis [2018] NSWCATAP 140 Hearing dates: 22 May 2018 Date of orders: 05 June 2018 Decision date: 05 June 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member Dr R Dubler SC, Senior Member Decision: Leave to appeal is refused and the appeal is dismissed. Catchwords: CONSUMER CLAIM – limitation period for bringing claim – consumer guarantees – lack of durability – manufacturing defect – liability of retailer – s 79P – orders where more than one respondent – assessment of loss of consumer Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act, 2013 (NSW) Fair Trading Act, 1987 (NSW) Cases Cited: Commonwealth of Australia v Amann Aviation Pty Ltd 104 ALR 1 Collins v Urban [2014] NSWCATAP 17 Khan v Kang [2014] NSWCATAP 48. Sacks v Hammoud [2016] NSWCATAP 225. Texts Cited: Nil Category: Principal judgment Parties: Let Leng Tang trading as Better Aquariums (Appellant) Jim Karatasoulis (First Respondent) Aquaristic Pty Ltd (Second Respondent) Representation: S Morris (Appellant) First Respondent: In person B Rumoong (director) (Second Respondent) File Number(s): AP 18/07974 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 24 January 2018 Before: G Meadows, Senior Member File Number(s): GEN 17/42165