Jaynick Pty Ltd v Farrawell [2020] NSWCATAP 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jaynick Pty Ltd v Farrawell [2020] NSWCATAP 55 Hearing dates: 11 February 2020 Date of orders: 24 March 2020 Decision date: 24 March 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member J Currie, Senior Member Decision: Appeal dismissed Catchwords: CONSUMER LAW – consumer guarantees – acceptable quality – reasonably fit for purpose – question of fact – no question of principle Legislation Cited: Australian Consumer Law, ss 54, 56, 259, 263 Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b), Sch 4 cl 12 Cases Cited: New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Jaynick Pty Ltd (Appellant) Myles Farrawell (Respondent) Representation: N Ames (director of the Appellant) Respondent in person File Number(s): AP 19/53519 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 01 November 2019 Before: M Eftimiou, General Member File Number(s): GEN 19/38536

REASONS FOR DECISION 1. This is an appeal from a decision of the Tribunal ordering the appellant to pay the respondent $3,000 and for the respondent to return to the appellant the secondhand marine outboard motor about which the parties' dispute is centred. 2. For the reasons that follow the appeal should be dismissed.