AFJ Software Pty Ltd v Wine Nomad Pty Ltd [2015] NSWCATAP 226

AFJ Software Pty Ltd v Wine Nomad Pty Ltd [2015] NSWCATAP 226

The Tribunal erred in failing to identify any relevant cause of action or legal foundation for the award of refund and restocking fee, and failed to provide adequate reasons addressing the contractual and factual matrix; consequently, the orders below are set aside and matter remitted for rehearing.

Parties
Appellant: AFJ Software Pty Ltd; Respondent: Wine Nomad Pty Ltd
Jurisdiction
Australia
Judgment Date
20 October 2015
Procedural Posture
Civil Appeal / Appeal From Consumer and Commercial Division Decision, Remittal for Rehearing
Outcome
Appeal allowed in part, cross-appeal dismissed; orders set aside, matter remitted for rehearing by a differently constituted Tribunal; costs of appeal are to be borne by each party.
Legal Topics
Inadequacy of Reasons, Cause of Action, Contract Breach, Restitution, Conversion, Mitigation of Loss
Contract Law Civil Procedure Inadequacy of Reasons Cause of Action Contract Breach Restitution Conversion Mitigation of Loss

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Parties

AFJ Software Pty Ltd

Appellant

Wine Nomad Pty Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Consumer and Commercial Division Decision, Remittal for Rehearing

Legal Issues

  1. 1 Whether Tribunal failed to identify a relevant cause of action for the award of damages/refund
  2. 2 Whether Tribunal failed to give adequate reasons for its decision
  3. 3 Whether the restocking fee was applicable under clause 10 of the contract

Ratio Decidendi

The Tribunal erred in failing to identify any relevant cause of action or legal foundation for the award of refund and restocking fee, and failed to provide adequate reasons addressing the contractual and factual matrix; consequently, the orders below are set aside and matter remitted for rehearing.

Court Disposition

Appeal allowed in part, cross-appeal dismissed; orders set aside, matter remitted for rehearing by a differently constituted Tribunal; costs of appeal are to be borne by each party.

Orders

  • Appeal AP 14/52100 allowed.
  • Appeal 14/58574 is dismissed.