Hills Motor Group Pty Ltd v Cochrane-Heikkila [2021] NSWCATAP 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hills Motor Group Pty Ltd v Cochrane-Heikkila [2021] NSWCATAP 11 Hearing dates: 6 November, 9 December 2020 Date of orders: 20 January 2021 Decision date: 20 January 2021 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member R C Titterton OAM, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. Catchwords: CONSUMER LAW – Australian Consumer Law – whether motor vehicle was not of acceptable quality pursuant to the consumer guarantee provided for under s 54 of the Australian Consumer Law APPEALS – where point not taken at first instance Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2014 (NSW) Credit (Commonwealth Powers) Act 2010 (Cth) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Bartel v Ryan [2018] NSWCATAP 231 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe [1986] HCA 33 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69Palm Homes Pty Ltd v Kav's Constructions Pty Ltd [2015] NSWCATAP 113 Ortiz v Minister for Immigration and Citizenship [2011] FCA 1498 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Hills Motor Group Pty Ltd (Appellant) Tristan Cochrane-Heikkila (Respondent) Representation: Solicitors: C Bolger, Solicitor (Appellant) Respondent (Self Represented) File Number(s): AP 20/36278 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 23 July 2020 Before: A Nightingale, General Member File Number(s): MV 19/54381