White v Carlton Tow Bars Pty Ltd [2015] NSWCATAP 8

White v Carlton Tow Bars Pty Ltd [2015] NSWCATAP 8

There was insufficient independent expert evidence to satisfy that Carlton Tow Bars had failed to exercise due care and skill or that the goods installed were faulty or not fit for purpose. The evidence submitted did not establish the appellant's case, and no substantial miscarriage of justice was shown. Leave to appeal was refused and the appeal dismissed.

Parties
Appellant: Peter White; Respondent: Carlton Tow Bars Pty Ltd
Jurisdiction
Australia
Judgment Date
10 February 2015
Procedural Posture
Appeal / Leave to Appeal and Appeal Determined
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
Statutory Consumer Guarantees, Breach of Contract, Due Care and Skill, Evidence Assessment, Expert Evidence, Leave to Appeal
Consumer Law Contract Law Statutory Consumer Guarantees Breach of Contract Due Care and Skill Evidence Assessment Expert Evidence Leave to Appeal

Case Brief

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Parties

Peter White

Appellant

Carlton Tow Bars Pty Ltd

Respondent

Procedural Posture

Appeal / Leave to Appeal and Appeal Determined

Legal Issues

  1. 1 Whether the installation of a wheel hitch was performed with due care and skill
  2. 2 Whether the goods installed were faulty or defective or not fit for purpose
  3. 3 Whether there was a breach of statutory consumer guarantees

Ratio Decidendi

There was insufficient independent expert evidence to satisfy that Carlton Tow Bars had failed to exercise due care and skill or that the goods installed were faulty or not fit for purpose. The evidence submitted did not establish the appellant's case, and no substantial miscarriage of justice was shown. Leave to appeal was refused and the appeal dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

  • The appellant's application for leave to appeal is refused.
  • The appeal is dismissed.