Peck v Australian Automotive Group Pty Ltd [2023] FCA 1413

FEDERAL COURT OF AUSTRALIA

Peck v Australian Automotive Group Pty Ltd [2023] FCA 1413 File number: NSD 30 of 2021

Judgment of: CHEESEMAN J

Date of judgment: 17 November 2023

Catchwords: CONSUMER LAW - Negligence – where the applicants bring consumer claims against the manufacturer and supplier of a Fiat soft top convertible pursuant to ss 54, 55, 140 and 141 of Sch 2 of the Competition and Consumer Act 2010 (Cth) in respect of damage occasioned by fire – where the applicants also claim against the manufacturer/importer and supplier in negligence – where the applicants allege that the Fiat was subject to a defect at the time of manufacture and supply – where the alleged defect concerns electrical wiring in the Fiat – where the alleged defect is alleged to have caused the fire which damaged the applicants' property – where the applicants relied on a fire investigator and motor mechanic to establish the alleged defect in the Fiat – where the applicants did not lead evidence from any expert in electrical wiring (residential or automotive) – where the integrity of critical evidence was not maintained – where applicants' experts not briefed with the applicants' lay evidence relevant to the issues on which they were retained to opine at the time of providing their respective reports - whether the applicants have demonstrated that the Fiat was affected by a defect as alleged at the time of manufacture and supply – whether the applicants have demonstrated that the defect caused the fire – whether actual persuasion that the alleged defect in the Fiat caused the fire – Held: applicants' claim dismissed

Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, ss 9, 54, 55, 140, 141 Civil Liability Act 2002 (NSW) ss 5B, 5D