Complete Building Pty Ltd v SNB Plus 3 Pty Ltd as Trustee for the Martin Family Trust t/a Macleay Trailers & Steel Fabrications [2019] NSWCATCD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Complete Building Pty Ltd v SNB Plus 3 Pty Ltd as Trustee for the Martin Family Trust t/a Macleay Trailers & Steel Fabrications [2019] NSWCATCD 6 Hearing dates: 7 December 2018 Date of orders: 22 January 2019 Decision date: 22 January 2019 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: (1) The applicant's name Daniel Muscat and Kristy Muscat is amended to Complete Building Pty Ltd.

(2) The respondent's name Sarah Maree Reid Martin & Bradley Scott Martin t/a Macleay Trailers and Steel Fabrications is amended to SNB Plus 3 Pty Ltd as Trustee for the Martin Family Trust t/a Macleay Trailers & Steel Fabrications.

(3) SNB Plus 3 Pty Ltd as Trustee for the Martin Family Trust t/a Macleay Trailers & Steel Fabrications must pay Complete Building Pty Ltd the sum of $1,316.55 immediately.

(4) The application is otherwise dismissed

(5) The applicant's application for costs is dismissed. Catchwords: MOTOR VEHICLES – custom-made trailer – failure to comply with the guarantee as to acceptable quality in the supply of goods – failure to comply with the guarantee as to fitness for a disclosed purpose – where the applicant has deprived the respondent of the opportunity to repair the trailer Legislation Cited: Australian Consumer Law (NSW): ss 54; 55; 259; 261 Fair Trading Act 1987: ss 28; Part 6A Cases Cited: Alexander James Pty Ltd v Pozetu Pty Ltd (No. 2) [2016] NSWCATAP 75 Briginshaw v Briginshaw (1938) 60 CLR 336 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Farquar & Farquar (No. 2) [2008] FamCA 682 Hadley v Baxendale (1854) 9 Exch 341 Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 Marcourt v Clark [2012] NSWCA 367 Miller v Minister for Pensions [1947] 2 All ER 372 Nguyen & Anor v Perpetual Trustee Company Ltd; Perpetual Trustee Company Ltd v Nguyen & Anor (No.2) [2016] NSWCATAP 168 Profitability Consulting Pty Ltd v Thorpe [2018] NSWCATAP 41 Texts Cited: Vehicle Standard (Australian Design Rule 62/02 – Mechanical Connections Between Vehicles) 2007 Category: Principal judgment Parties: Complete Building Pty Ltd (Applicant) SNB Plus 3 Pty Ltd as Trustee for the Martin Family Trust t/a Macleay Trailers & Steel Fabrications (Respondent) Representation: Daniel Muscat and Kirsty Muscat (Applicant) Sarah Martin and Bradley Martin (Respondent) File Number(s): MV 18/35869 Publication restriction: Nil