Outlaw Construction and Transport Services Pty Ltd v Taleb [2021] NSWCATAP 251

Outlaw Construction and Transport Services Pty Ltd v Taleb [2021] NSWCATAP 251

The Tribunal did not err in law by awarding damages for breach of the consumer guarantee as to due care and skill, nor was Outlaw denied procedural fairness, as it had received notice and opportunity to present evidence; warranty provisions do not limit consumer guarantees under ACL.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 August 2021
Procedural Posture
Civil Appeal / Appeal Determination
Outcome
Appeal dismissed. Leave to appeal refused.
Legal Topics
['consumer Guarantees' 'supply of Services' 'due Care and Skill' 'statutory Guarantees' 'procedural Fairness' 'notice and Evidence']
['consumer Law' 'administrative Law'] ['consumer Guarantees' 'supply of Services' 'due Care and Skill' 'statutory Guarantees' 'procedural Fairness' 'notice and Evidence']

Source-derived case record

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Procedural Posture

Civil Appeal / Appeal Determination

Legal Issues

  1. 1 ['Whether services supplied by Outlaw were rendered with due care and skill as required by the Australian Consumer Law' 'Whether the Tribunal erred in law by not requiring the vehicle to be returned for repair under warranty' 'Whether Outlaw was denied procedural fairness in the hearing']

Ratio Decidendi

The Tribunal did not err in law by awarding damages for breach of the consumer guarantee as to due care and skill, nor was Outlaw denied procedural fairness, as it had received notice and opportunity to present evidence; warranty provisions do not limit consumer guarantees under ACL.

Court Disposition

Appeal dismissed. Leave to appeal refused.

Orders

  • ['Leave to appeal refused.' 'Appeal dismissed.' 'Provision for costs application: party to inform other within 14 days; submissions on costs limited to 5 pages within 14 days; respondent submissions within 28 days; reply submissions limited to 3 pages within 35 days; indication whether oral hearing on costs is...