Tang t/as Better Aquariums v Karatasoulis [2018] NSWCATAP 140

Tang t/as Better Aquariums v Karatasoulis [2018] NSWCATAP 140

The appeal was dismissed because the consumer's claim was brought within the applicable limitation period, the appellant was properly identified as the manufacturer based on evidence and statutory presumption, the Tribunal's assessment of damages was appropriate, and sole liability properly rested with the manufacturer due to the nature of the defect.

Parties
Appellant: Let Leng Tang trading as Better Aquariums; First Respondent: Jim Karatasoulis; Second Respondent: Aquaristic Pty Ltd
Jurisdiction
Australia
Judgment Date
05 June 2018
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
Consumer Guarantees, Limitation Period, Durability of Goods, Manufacturing Defect, Liability of Retailer, Contributory Orders, Assessment of Loss
Consumer Law Consumer Guarantees Limitation Period Durability of Goods Manufacturing Defect Liability of Retailer Contributory Orders Assessment of Loss

Case Brief

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Parties

Let Leng Tang trading as Better Aquariums

Appellant

Jim Karatasoulis

First Respondent

Aquaristic Pty Ltd

Second Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the claim was out of time
  2. 2 Whether the appellant was the manufacturer
  3. 3 Whether it was fair and equitable not to impose liability on the retailer

Ratio Decidendi

The appeal was dismissed because the consumer's claim was brought within the applicable limitation period, the appellant was properly identified as the manufacturer based on evidence and statutory presumption, the Tribunal's assessment of damages was appropriate, and sole liability properly rested with the manufacturer due to the nature of the defect.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal is refused and the appeal is dismissed.