Strogylos t/as Auto Clinic St Andrews v Vella [2020] NSWCATAP 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Strogylos t/as Auto Clinic St Andrews v Vella [2020] NSWCATAP 156 Hearing dates: 15 July 2020 Date of orders: 31 July 2020 Decision date: 31 July 2020 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member G Sarginson, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) The stay of order 1 of the Tribunal in Matter MV 20/00227 granted by the Appeal Panel on 28 May 2020 is set aside, and the Appeal Panel Registry directed to pay any monies held in trust pursuant to the stay order to the respondent, Joshua Vella, immediately. Catchwords: CONSUMER LAW---Consumer guarantees---Due care and skill---Causation---Assessment of evidence---Whether findings of fact against weight of evidence---Whether decision fair and equitable Legislation Cited: Australian Consumer Law 2010 Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW). Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1987) 9 NSWLR 310 Chand v Commonwealth Bank of Australia [2015] NSWCA 181 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 Khan v Kang [2014] NSWCATAP 48 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Category: Principal judgment Parties: Soterios Stryogylos t/as Auto Clinic (Appellant) Joshua Vella (Respondent) Representation: Solicitors: Kedron Legal (Appellant) Respondent (Self Represented) File Number(s): AP 20/22160 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 21 April 2020 Before: S. Hennings, Member File Number(s): MV 20/00227