Campbelltown City Motors Pty Ltd & The Van Man Sales Pty Ltd v Sim [2021] NSWCATAP 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Campbelltown City Motors Pty Ltd & The Van Man Sales Pty Ltd v Sim [2021] NSWCATAP 149 Hearing dates: 11 May 2021 Date of orders: 11 May 2021 Decision date: 24 May 2021 Jurisdiction: Appeal Panel Before: The Hon F Marks Principal Member J S Currie Senior Member Decision: 1. The appeal instituted by Campbelltown City Motors Pty Ltd is upheld. 2. Orders made by this Tribunal on 18 February 2021 in MV 20/47745 are quashed. 3. The appeal instituted by The Van Man Sales Pty Ltd is dismissed. 4. Orders made by this Tribunal on 9 February 2021in MV 20/47745 are confirmed save that The Van Man Sales Pty Ltd is to collect the subject motor vehicle from Terrence Sim on or before 16 May 2021 at its expense. 5. There is no order as to costs. Catchwords: APPEALS – Tribunal made orders for refund of purchase price of motor vehicle by vendor or respondent and return of motor vehicle to vendor – Tribunal later substituted the name of a different entity as respondent – held no basis for substitution – later orders quashed – earlier orders confirmed with substituted date for return of vehicle PRACTICE AND PROCEDURE – held section 63 of Civil and Administrative Tribunal Act cannot be used to alter the name of a party to proceedings after the conclusion of a hearing. Legislation Cited: Civil and Administrative Tribunal Act ss 60,63 Cases Cited: Place v Department of Finances, Services and Innovation (No 2) [2017] NSWCATAD 21 Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: Campbelltown City Motors Pty Ltd (First Appellant) The Van Man Sales Pty Ltd (Second Appellant) Terrence Sim (Respondent) Representation: M Kork (Director) (First Appellant) M Kork (Second Appellant) R Marland (Agent)(Respondent) File Number(s): 2021/00067000 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 9 and 18 February, 2021 Before: C Pirina General Member File Number(s): MV 20/47745