AJC Portables Pty Ltd v Muras [2020] NSWCATAP 150

AJC Portables Pty Ltd v Muras [2020] NSWCATAP 150

There was no procedural unfairness because the appellant received clear notice that the hearing would be in person; the Tribunal was entitled to proceed in the appellant's absence. Even if there had been unfairness, a new hearing would be futile since, on the appellant's own evidence, the guarantee of acceptable quality and fitness for purpose under the Australian Consumer Law was breached, entitling the respondents to a refund.

Parties
Appellant: AJC Portables Pty Ltd; First Respondent: Jacinta Muras; Second Respondent: Tim Muras
Jurisdiction
Australia
Judgment Date
22 July 2020
Procedural Posture
Civil/consumer Law Appeal / Appeal From Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Procedural Fairness, Ex Parte Hearings, Consumer Guarantees, Fitness for Purpose, Acceptable Quality
Civil Procedure Consumer Law Procedural Fairness Ex Parte Hearings Consumer Guarantees Fitness for Purpose Acceptable Quality

Case Brief

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Parties

AJC Portables Pty Ltd

Appellant

Jacinta Muras

First Respondent

Tim Muras

Second Respondent

Procedural Posture

Civil/consumer Law Appeal / Appeal From Tribunal Decision

Legal Issues

  1. 1 Whether the Tribunal erred in proceeding in the absence of the appellant (procedural fairness)
  2. 2 Whether the outcome would have differed had the appellant appeared
  3. 3 Whether the portable building supplied was of acceptable quality and fit for purpose under Australian Consumer Law NSW

Ratio Decidendi

There was no procedural unfairness because the appellant received clear notice that the hearing would be in person; the Tribunal was entitled to proceed in the appellant's absence. Even if there had been unfairness, a new hearing would be futile since, on the appellant's own evidence, the guarantee of acceptable quality and fitness for purpose under the Australian Consumer Law was breached, entitling the respondents to a refund.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed