My Stone Tiles Pty Ltd v Ell; My Stone Tiles Pty Ltd v Allen [2018] NSWCATAP 7

My Stone Tiles Pty Ltd v Ell; My Stone Tiles Pty Ltd v Allen [2018] NSWCATAP 7

Application for leave to appeal is refused because the appellant failed to establish any error of law or substantial miscarriage of justice; the evidence before the Tribunal was sufficient to support the findings that the tiles were not fit for purpose and not of acceptable quality under the Australian Consumer Law.

Source-derived case information.

Parties
Appellant: My Stone Tiles Pty Ltd; Respondent: Jeremy Ell; Respondent: Fiona Ell; Respondent: Phillip Allen
Jurisdiction
Australia
Judgment Date
05 January 2018
Procedural Posture
Appeal / Application for Leave to Appeal and Appeal Determination
Outcome
Application for leave to appeal refused; appeal dismissed.
Legal Topics
Statutory Guarantees, Fitness for Purpose, Procedural Fairness, Expert Evidence
Consumer Law Statutory Guarantees Fitness for Purpose Procedural Fairness Expert Evidence

Source-derived case record

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Parties

My Stone Tiles Pty Ltd

Appellant

Jeremy Ell

Respondent

Fiona Ell

Respondent

Phillip Allen

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 Whether appellant failed to comply with statutory guarantee in ACL s.54 and s.55
  2. 2 Whether appellant had obligation to provide warnings or recommendations about specific grout
  3. 3 Whether defective workmanship by tiler caused grout popping

Ratio Decidendi

Application for leave to appeal is refused because the appellant failed to establish any error of law or substantial miscarriage of justice; the evidence before the Tribunal was sufficient to support the findings that the tiles were not fit for purpose and not of acceptable quality under the Australian Consumer Law.

Court Disposition

Application for leave to appeal refused; appeal dismissed.

Orders

  • The application for leave to appeal is refused.
  • The Appeal is dismissed.