Chamma v DJC Furniture & Bedding Pty Ltd [2017] NSWCATAP 169

Chamma v DJC Furniture & Bedding Pty Ltd [2017] NSWCATAP 169

The appeal panel found no error of law nor any basis for leave to appeal, confirming the Tribunal's conclusion that applicants failed to prove the goods were not of acceptable quality or that loss resulted from representations, and that findings were open to the Tribunal on the evidence.

Jurisdiction
Australia
Judgment Date
10 August 2017
Procedural Posture
Internal Appeal / Judgment of Appeal Panel
Outcome
appeal dismissed; leave to appeal refused; extension of time granted
Legal Topics
['acceptable Quality of Goods' 'false and Misleading Representations' 'refund and Repair Claims' 'leave to Appeal' 'extension of Time']
['consumer Law'] ['acceptable Quality of Goods' 'false and Misleading Representations' 'refund and Repair Claims' 'leave to Appeal' 'extension of Time']

Case Brief

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Procedural Posture

Internal Appeal / Judgment of Appeal Panel

Legal Issues

  1. 1 ['whether goods were not of acceptable quality' 'whether supplier made false and misleading representations' 'whether error of law occurred' 'whether leave to appeal should be granted']

Ratio Decidendi

The appeal panel found no error of law nor any basis for leave to appeal, confirming the Tribunal's conclusion that applicants failed to prove the goods were not of acceptable quality or that loss resulted from representations, and that findings were open to the Tribunal on the evidence.

Court Disposition

appeal dismissed; leave to appeal refused; extension of time granted

Orders

  • ['Time in which to lodge the appeal is extended to 23 December 2016.' 'Application for leave to appeal refused.' 'Appeal dismissed.']