Bliss v Durran t/as Canberra Sheds and Outdoor Storage; Durran t/as Canberra Sheds and Outdoor Storage v Bliss

Case

[2017] NSWCATCD 50

27 June 2017


Details
AGLC Case Decision Date
Bliss v Durran t/as Canberra Sheds and Outdoor Storage; Durran t/as Canberra Sheds and Outdoor Storage v Bliss [2017] NSWCATCD 50 [2017] NSWCATCD 50 27 June 2017

CaseChat Overview and Summary

The dispute between Stephen and Delys Bliss and Colin Durran trading as Canberra Sheds and Outdoor Storage was heard in the Australian Capital Territory Civil and Administrative Tribunal. The central issue was whether the respondents were entitled to terminate a contract for the sale of a shed and, if so, whether they were entitled to a refund. The dispute was further complicated by the respondents' claim for damages for alleged defects in the shed.

The court needed to determine whether the respondents were justified in terminating the contract for sale of the shed. It also needed to decide if the respondents were entitled to a refund for the price paid for the shed. Furthermore, the court had to assess whether the respondents were entitled to damages for defects in the shed, and if so, what the appropriate amount of those damages would be.

The court concluded that the respondents were not entitled to terminate the contract for sale of the shed. It found that the respondents were not entitled to a refund for the price paid. The court also held that the respondents were not entitled to damages for defects in the shed. The court found that the respondents had not acted in accordance with the contract and that they had failed to provide the necessary notice of defects. The court ordered that Colin Durran, trading as Canberra Sheds and Outdoor Storage, pay the respondents the sum of $13,499.68. The court dismissed the respondents' application for further costs.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Compensatory Damages

  • Contract Formation

  • Costs

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

12

Statutory Material Cited

6

Bobolas v Waverley Council [2016] NSWCA 139
Orr v Ford [1989] HCA 4