Cairns v AHG Newcastle Pty Ltd [2020] NSWCATAP 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cairns v AHG Newcastle Pty Ltd [2020] NSWCATAP 103 Hearing dates: 29 April 2020 Date of orders: 02 June 2020 Decision date: 02 June 2020 Jurisdiction: Appeal Panel Before: A.Bell SC, Senior Member S.Thode, Senior Member Decision: (1) Order that the time for the appellant to lodge the appeal be extended until 21/2/2020. (2) Appeal dismissed Catchwords: CONSUMER CLAIMS - time bar for jurisdiction of the Tribunal under s 79L of the Fair Trading Act 1987 (NSW) - elements of cause of action to reject goods for non-compliance with the guarantee as to acceptable quality – time at which determination of acceptable quality is to be made- when cause of action accrues. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Competition and Consumer Act 2010 ( C'th) Schedule 2 ( Australian Consumer Law) Cases Cited: Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Cominos v Di Rico [2016] NSWCATAP 5 Port of Melbourne Authority v Anshun Pty Ltd ( 1981) 147 CLR 589 Medtel Pty Ltd v Courtney [ 2003] FCAFC 151;(2003) 130 FCR 182 Merck Sharp & Dohme (Aust) Pty Ltd v Peterson [2011] FCAFC 128; (2011) 196 FCR 145 Texts Cited: None cited Category: Principal judgment Parties: Mr Ben Cairns (appellant) AHG Newcastle Pty Ltd, trading as Crossroads Subaru ( respondent) Representation: Solicitors: Appellant (Self Represented) W Plancia, (Group Service Manager) (Respondent) File Number(s): AP20/09186 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 27 November 2019 Before: K. Ross, Senior Member File Number(s): MV 19/34668