Kakakios v D & S Radosh Pty Ltd [2019] NSWCATAP 245

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kakakios v D & S Radosh Pty Ltd [2019] NSWCATAP 245 Hearing dates: 10 September 2019 Date of orders: 02 October 2019 Decision date: 02 October 2019 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member L Wilson, Senior Member Decision: (1) Fiona Purkis be added as the second appellant to appeal AP 19/28850. (2) Fiona Purkis be added as the second applicant to proceedings GEN 19/03573. (3) Appeal upheld. (4) Set aside the orders of the Tribunal below. (5) Order the respondent to pay the appellants/applicants the sum of $5,460 immediately. (6) Order the respondent to collect the mattress and base from the appellants at its cost on reasonable notice at a reasonable time. Catchwords: CONSUMER LAW – inconsistent findings – appropriate relief – joinder of a party – substantial merits of the case Legislation Cited: Australian Consumer Law (NSW), ss 3, 55, 61 Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 38(4), 44(1), 81, 81(2) Civil and Administrative Tribunal Rules 2014 (NSW), rr 27, 29 Fair Trading Act 1987 (NSW), ss 28, 79D, 79E, 79G, 79I Cases Cited: Australian Competition and Consumer Commission v Flight Centre Ltd (No 2) [2013] FCA 1313; (2013) 307 ALR 209 Moloney v Taylor [2016] NSWCA 199 Plath v Snowy Monaro Regional Council [2019] NSWCATAP 165 Rippon v Chilcotin [2001] NSWCA 142; (2001) 53 NSWLR 198 Robinson v Government Insurance Office (NSW) (1994) 19 MVR 319 Category: Principal judgment Parties: Maria Kakakios (First appellant) Fiona Purkis (Second appellant) D & S Radosh Pty Ltd (Respondent) Representation: Appellants (Self-represented) D Radosevic (Director) and M Radosevic (Manager) (Respondent) File Number(s): AP 19/28850 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 22 May 2019 Before: G K Burton SC, Senior Member File Number(s): GEN 19/03573