Ruddick v Rossiter [2021] NSWCATAP 87

Ruddick v Rossiter [2021] NSWCATAP 87

The Appellant failed to establish as a matter of law that the Tribunal’s findings as to the contractual scope of works or breaches of statutory consumer guarantees were in error. No loss was proven attributable to any alleged breach. There was no denial of procedural fairness nor appearance of bias. No error of law was disclosed; the appeal must be dismissed.

Parties
Appellant: Grace Ruddick; First Respondent: Peter Rossiter; Second Respondent: Tauntons Electrics Pty Ltd
Jurisdiction
Australia
Judgment Date
09 April 2021
Procedural Posture
Appeal / Civil and Administrative Tribunal Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
Consumer Guarantees, Scope of Works, Australian Consumer Law, Loss Not Established
Consumer Law Consumer Guarantees Scope of Works Australian Consumer Law Loss Not Established

Case Brief

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Parties

Grace Ruddick

Appellant

Peter Rossiter

First Respondent

Tauntons Electrics Pty Ltd

Second Respondent

Procedural Posture

Appeal / Civil and Administrative Tribunal Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal erred in finding the scope of works did not include repairs necessary for vehicle registration
  2. 2 Whether there was a breach of statutory consumer guarantees in services supplied
  3. 3 Whether there was procedural unfairness or apprehended bias

Ratio Decidendi

The Appellant failed to establish as a matter of law that the Tribunal’s findings as to the contractual scope of works or breaches of statutory consumer guarantees were in error. No loss was proven attributable to any alleged breach. There was no denial of procedural fairness nor appearance of bias. No error of law was disclosed; the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.