Romano v Warner

The appeal was brought by Matthew Warner against RJ & EP Romano Pty Ltd. The dispute arose from a situation where Warner's car had been repaired under insurance after an accident. Despite the repair, the car remained defective, leading Warner to pay for additional repairs. He subsequently sought a refund of the amount paid for the second repair job. The matter was heard in the Supreme Court of New South Wales.

The legal issues in this case centred on whether the grounds for leave to appeal had been met, given that Warner was seeking a refund for the second repair job which he claimed was due to the original repairer's defective work. The central question was whether the original repairer was liable for the subsequent repairs, and if Warner's claim for a refund was valid.

The court granted leave to appeal and allowed the appeal, setting aside the earlier decision. The reasoning provided was that the original repairer's defective work constituted a breach of their contractual obligations and professional standards. The court held that Warner was entitled to a refund of the amount he paid for the second repair job. The final orders mandated that RJ & EP Romano Pty Ltd pay Warner $12,097.09 by a specified date, reflecting the court's decision on liability and the entitlement to a refund.