Scoular v Ostle [2018] NSWCATAP 189

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Scoular v Ostle [2018] NSWCATAP 189 Hearing dates: 31 July 2018 Date of orders: 06 August 2018 Decision date: 06 August 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member K Ransome, Senior Member Decision: (1) The appeal is allowed in part.

(2) The order 1 made 2018 is varied from $8584.05 to $11,584.05.

(3) Save as provided above, the appeal is dismissed. Catchwords: CONTRACT – Supply of solar power system – Terms of contract – Claim for unpaid purchase price – Rebate unrecoverable –Deduction of rebate from unpaid purchase price where purchaser decommissions system. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Home Building Act, 1989 (NSW) Cases Cited: Al-Daouk v Mr Pine t/as Furnco Bankstown [2015] NSWCATAP 111 Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: First Appellant: John Wallace Scoular Second Appellant: Susan Elizabeth Scoular Respondent: Susan Ostle Representation: Appellant: First Appellant for both appellants (in person) Respondent: (By phone) File Number(s): AP 18/21797 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 1 May 2018 Before: J Ringrose, General Member File Number(s): HB 18/01776