Garabedian v Grays (NSW) Pty Ltd [2016] NSWCATAP 123

Garabedian v Grays (NSW) Pty Ltd [2016] NSWCATAP 123

Leave to appeal was refused because no error of law or substantial miscarriage of justice was established; Tribunal's findings of fact regarding causation and loss were open on the evidence and no procedural unfairness was demonstrated.

Source-derived case information.

Parties
Appellant: Hritioun Garabedian; Respondent: Grays (NSW) Pty Ltd
Jurisdiction
Australia
Judgment Date
08 June 2016
Procedural Posture
Appeal / Leave to Appeal and Disposition
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
Loss and Damage, Product Defects, Compensation for Consequential Loss, Leave to Appeal, Procedural Fairness, Evidentiary Burden
Consumer Law Contract Law Loss and Damage Product Defects Compensation for Consequential Loss Leave to Appeal Procedural Fairness Evidentiary Burden

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Parties

Hritioun Garabedian

Appellant

Grays (NSW) Pty Ltd

Respondent

Procedural Posture

Appeal / Leave to Appeal and Disposition

Legal Issues

  1. 1 Whether applicant was entitled to compensation for consequential loss following malfunction of washer/dryer
  2. 2 Whether Tribunal erred in rejecting evidence of loss and damage
  3. 3 Whether hearing below was procedurally fair

Ratio Decidendi

Leave to appeal was refused because no error of law or substantial miscarriage of justice was established; Tribunal's findings of fact regarding causation and loss were open on the evidence and no procedural unfairness was demonstrated.

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

  • Leave to appeal is refused.
  • The appeal is dismissed.