QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Gatongi v Newton Electrical Pty Ltd [2024] QCATA 128
PARTIES:
MONICAH GATONGI
(applicant/appellant)v
NEWTON ELECTRICAL PTY LTD
(respondent)
APPLICATION NO/S:
APL025-24
ORIGINATING APPLICATION NO/S:
MCD057/23MATTER TYPE:
Appeals
DELIVERED ON:
6 December 2024
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Senior Member Aughterson
Member M Katter
ORDERS:
1. Leave to appeal is granted. The appeal is upheld.
2. The respondent must refund to the applicant the sum of $960 paid for the goods, within two weeks of the date of this order.
3. The respondent must either collect the goods from the applicant at its own expense or refund to the applicant any reasonable sum paid by the applicant for the return of the goods to the respondent, within two weeks of the date of this order.
4. The respondent must pay to the applicant the sum of $533.20 (the filing fees), within two weeks of the date of this order.
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES – where claim that goods did not correspond with the description – where wrongly represented that goods not a display model – where Adjudicator held that did not correspond with description – where held that remedy could not be established under Australian Consumer Law – whether remedy available
Competition and Consumer Act 2010 (Cth), Sch 2, s 56, s 259, s 260, s 263
Fair Trading Act 1989 (Qld), s 15, s 16
Queensland Civil and Administrative Tribunal Act2009 (Qld), s 32, s 102, s 146Queensland Civil and Administrative Tribunal Rules 2009 (Qld), r 83
Australian Knitting Mills Ltd v Grant (1933) 50 CLR 387
David Jones Ltd v Willis (1934) 52 CLR 110
Department of Child Safety, Youth and Women v PJC and the Public Guardian [2019] QCATA 109
Harrison & Anor v Meehan [2016] QCATA 197Speedway Safety Products Pty Ltd v Hazell & Moore Industries Pty Ltd (1982) 1 NSWLR 255
APPEARANCES & REPRESENTATION:
The matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld)
REASONS FOR DECISION
This is an appeal from a decision of an Adjudicator dismissing the applicant’s application for a remedy in relation to what was said to be the supply of a dishwasher that did not correspond with the description in terms of the Australian Consumer Law (Queensland). An appeal from a decision in a proceeding for a minor civil dispute may be made only with leave of the Appeal Tribunal.[1] That issue is addressed below.
[1]Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 142(3)(a)(i) (‘QCAT Act’).
By s 16 of the Fair Trading Act 1989 (Qld) (‘the FTA’), the ‘Australian Consumer Law text’ applies as a law of Queensland and, in so applying, may be referred to as the ‘Australian Consumer Law (Queensland)’. Here referred to as the ACL. By s 15 of…
Keep reading for free
Create a free CaseChat account to read Gatongi v Newton Electrical Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] QCATA 128
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the County Court correctly assessed the remedy available under the Australian Consumer Law when it found that the respondent was not entitled to a remedy. The court considered whether the County Court erred in its assessment of the remedy available under the Australian Consumer Law. The court also considered whether the County Court correctly found that the respondent was not entitled to a remedy.
The court found that the County Court erred in its assessment of the remedy available under the Australian Consumer Law. The court held that the County Court failed to consider the statutory presumption under s 69 of the Australian Consumer Law, which presumes that goods that do not correspond with the description are not of acceptable quality. The court also held that the County Court erred in its assessment of the remedy available under the Australian Consumer Law by failing to consider that the applicant had established that the goods were unsuitable for their ordinary purpose. The court found that the County Court was correct in finding that the respondent was not entitled to a remedy because the applicant had not established that the goods were unsuitable for their ordinary purpose. However, the court held that the County Court erred in its assessment of the remedy available under the Australian Consumer Law.
The court allowed the appeal and set aside the decision of the County Court. The court ordered that the respondent must refund to the applicant the sum of $960 paid for the goods, within two weeks of the date of this order. The court also ordered that the respondent must either collect the goods from the applicant at its own expense or refund to the applicant any reasonable sum paid by the applicant for the return of the goods to the respondent, within two weeks of the date of this order. The court further ordered that the respondent must pay to the applicant the sum of $533.20 (the filing fees), within two weeks of the date of this order.
Orders
Orders of the court
1. Leave to appeal is granted. The appeal is upheld.
2. The respondent must refund to the applicant the sum of $960 paid for the goods, within two weeks of the date of this order.
3. The respondent must either collect the goods from the applicant at its own expense or refund to the applicant any reasonable sum paid by the applicant for the return of the goods to the respondent, within two weeks of the date of this order.
4. The respondent must pay to the applicant the sum of $533.20 (the filing fees), within two weeks of the date of this order.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.