Cheryl Foster v Mahamudur Rahman t/as Smarty Web Solutions [2014] NSWCATCD 17

Cheryl Foster v Mahamudur Rahman t/as Smarty Web Solutions [2014] NSWCATCD 17

The respondent did not have the requisite skill to develop the website as required and made amendments during the project due to lack of such skill, breaching the statutory guarantee as to due care and skill. The applicant is to be reimbursed 50% of the total fees paid.

Jurisdiction
Australia
Judgment Date
17 January 2014
Procedural Posture
Consumer Claim / Final Decision
Outcome
Applicant partially successful; respondent to pay applicant 50% of total fees paid
Legal Topics
['services' 'delay' 'due Skill and Care']
['consumer Law'] ['services' 'delay' 'due Skill and Care']

Case Brief

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Procedural Posture

Consumer Claim / Final Decision

Legal Issues

  1. 1 ['Whether the respondent provided website development services with due care and skill' 'Whether the services provided were reasonably fit for the purpose made known by the applicant']

Ratio Decidendi

The respondent did not have the requisite skill to develop the website as required and made amendments during the project due to lack of such skill, breaching the statutory guarantee as to due care and skill. The applicant is to be reimbursed 50% of the total fees paid.

Court Disposition

Applicant partially successful; respondent to pay applicant 50% of total fees paid

Orders

  • ['On or before 6 February 2014, the respondent is to pay the applicant $2,212.00.']