Legend Signage Pty Ltd v Australian Managed Print Solutions Pty Ltd [2018] NSWCATAP 269

Legend Signage Pty Ltd v Australian Managed Print Solutions Pty Ltd [2018] NSWCATAP 269

The primary member erred in failing to address the critical issue of whether the supply of a water-damaged, refurbished printer as a 'new demo model' constituted a breach of consumer guarantee and misleading conduct, including failure to consider the rejection period and appropriate relief; this constituted an error of law requiring the appeal to be allowed and the matter remitted for reconsideration.

Jurisdiction
Australia
Judgment Date
16 November 2018
Procedural Posture
Appeal / Appeal Determination
Outcome
Appeal allowed; matter remitted for rehearing
Legal Topics
['consumer Guarantees' 'misleading or Deceptive Conduct' 'statutory Warranties']
['consumer Law'] ['consumer Guarantees' 'misleading or Deceptive Conduct' 'statutory Warranties']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Appeal Determination

Legal Issues

  1. 1 ['Whether supply of a misdescribed printer constituted a breach of consumer guarantee and misleading conduct' 'Entitlement to return goods and obtain refund for misdescription' 'Entitlement to damages for misleading conduct' 'Onus of proof of loss caused by breach' 'Expiry of rejection period for consumer guarantees' 'Introduction of new evidence not reasonably available at original hearing']

Ratio Decidendi

The primary member erred in failing to address the critical issue of whether the supply of a water-damaged, refurbished printer as a 'new demo model' constituted a breach of consumer guarantee and misleading conduct, including failure to consider the rejection period and appropriate relief; this constituted an error of law requiring the appeal to be allowed and the matter remitted for reconsideration.

Court Disposition

Appeal allowed; matter remitted for rehearing

Orders

  • ['Leave to appeal is granted to the extent that leave is required.' 'Appeal allowed.' 'Remit the matter to the Consumer and Commercial Division, differently constituted, for hearing, with directions to be made by the Division to permit the lodgement and service of further evidence.']