Marskell & Anor v Davis & Ors t/as The Local Bloke Removals [2015] NSWCATCD 34

Marskell & Anor v Davis & Ors t/as The Local Bloke Removals [2015] NSWCATCD 34

The applicants proved compensable loss only for the damaged antique table and missing bed parts, assessed at $300.00 each. The claims for missing keys failed because the applicants did not prove the keys were delivered to the respondents; the sofa bed and accommodation claims failed because the applicants did not prove recoverable loss and had a duty to mitigate; most deliveries were within a reasonable time given there was no contracted delivery date, and no economic loss was proved from the late delivery of the Mini vehicle; the unlawful detention claim was outside the Tribunal's jurisdiction and unsupported by the facts; and the stress and anxiety claim failed under the Civil Liability...

Jurisdiction
Australia
Judgment Date
19 March 2015
Procedural Posture
Application for Loss and Damage Arising From Carriage and Storage of Household Goods and Chattels Under the Australian Consumer Law (nsw) / Principal Judgment After Contested Hearing
Outcome
Application allowed in part.
Legal Topics
['guarantee as to Due Care and Skill' 'household Goods and Chattels' 'common Carrier Liability' 'damage During Transit' 'delay in Delivery' 'missing Items' 'non Economic Loss for Stress and Anxiety' 'mitigation of Loss']
['consumer Law' 'bailment' 'carriage of Goods' 'civil Liability'] ['guarantee as to Due Care and Skill' 'household Goods and Chattels' 'common Carrier Liability' 'damage During Transit' 'delay in Delivery' 'missing Items' 'non Economic Loss for Stress and Anxiety' 'mitigation of Loss']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Loss and Damage Arising From Carriage and Storage of Household Goods and Chattels Under the Australian Consumer Law (nsw) / Principal Judgment After Contested Hearing

Legal Issues

  1. 1 ['Whether the respondents failed to render removalist services with due care and skill under the Australian Consumer Law (NSW).' 'Whether the respondents were liable as bailees or common carriers for damaged or missing goods.' 'Whether the applicants proved loss for alleged missing keys, bed parts, damaged furniture, sofa bed, accommodation expenses, time, phone calls and SMS expenses.' 'Whether delay in delivery amounted to compensable breach where the agreement did not specify a delivery date.' 'Whether the Tribunal could award damages for stress and anxiety.']

Ratio Decidendi

The applicants proved compensable loss only for the damaged antique table and missing bed parts, assessed at $300.00 each. The claims for missing keys failed because the applicants did not prove the keys were delivered to the respondents; the sofa bed and accommodation claims failed because the applicants did not prove recoverable loss and had a duty to mitigate; most deliveries were within a reasonable time given there was no contracted delivery date, and no economic loss was proved from the late delivery of the Mini vehicle; the unlawful detention claim was outside the Tribunal's jurisdiction and unsupported by the facts; and the stress and anxiety claim failed under the Civil Liability...

Court Disposition

Application allowed in part.

Orders

  • ['The respondents are to pay the applicants the sum of $600.00 within 14 days of this Order.']