ADM Packaging Automation Pty Ltd v EST Group Pty Ltd [2022] NSWCATAP 322

ADM Packaging Automation Pty Ltd v EST Group Pty Ltd [2022] NSWCATAP 322

There was no error in the Tribunal's finding that goods supplied were not of acceptable quality or fitness for disclosed purpose under ACL NSW, and Tribunal's decision was not against the weight of evidence. Leave to appeal was refused as no substantial miscarriage of justice or relevant error was established.

Jurisdiction
Australia
Judgment Date
11 October 2022
Procedural Posture
Appeal / Leave to Appeal and Appeal Disposition
Outcome
Leave to appeal refused; Appeal dismissed
Legal Topics
['australian Consumer Law' 'consumer Guarantees' 'breach of Consumer Guarantees' 'jurisdiction' 'extension of Time for Appeal' 'leave to Appeal' 'acceptable Quality' 'fitness for Purpose']
['consumer Law'] ['australian Consumer Law' 'consumer Guarantees' 'breach of Consumer Guarantees' 'jurisdiction' 'extension of Time for Appeal' 'leave to Appeal' 'acceptable Quality' 'fitness for Purpose']

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Procedural Posture

Appeal / Leave to Appeal and Appeal Disposition

Legal Issues

  1. 1 ['Whether extension of time for appeal should be granted' 'Whether Tribunal properly considered static electricity as cause of printer malfunction' 'Whether goods were of acceptable quality and fit for purpose under s 54 and s 55 of ACL NSW' 'Whether Tribunal decision was against the weight of evidence' 'Whether appellant attempted to honour warranty obligations' 'Whether COVID-19 restrictions affected rectification abilities']

Ratio Decidendi

There was no error in the Tribunal's finding that goods supplied were not of acceptable quality or fitness for disclosed purpose under ACL NSW, and Tribunal's decision was not against the weight of evidence. Leave to appeal was refused as no substantial miscarriage of justice or relevant error was established.

Court Disposition

Leave to appeal refused; Appeal dismissed

Orders

  • ['Pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 (NSW), extend the time for lodgement of appeal to 20 July 2022' 'Leave to appeal refused' 'Appeal dismissed']