Wilson v Winnicott [2021] NSWCATAP 211

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wilson v Winnicott [2021] NSWCATAP 211 Hearing dates: 19 April 2021 Date of orders: 14 July 2021 Decision date: 14 July 2021 Jurisdiction: Appeal Panel Before: T Simon, Principal Member G Curtin SC, Senior Member Decision: (1) Appeal upheld. (2) The decision of the Tribunal is set aside. (3) The matter is remitted to the Tribunal for hearing according to law. Catchwords: CONSUMER LAW – consumer guarantees - defective repairs to motor vehicle - whether repairs to a motor vehicle the supply of goods or services – first inquiry is whether transaction involves a supply of goods – supplies of goods under the Australian Consumer Law includes supplies of goods together with services - supplies of services under the Australian Consumer Law does not include supplies of services together with goods – if the whole of the transaction involves the supply of goods then none of the supply will involve a service LIMITATION OF ACTIONS – jurisdiction of the Civil and Administrative Tribunal under s 79L of the Fair Trading Act – when cause of action of action accrues for failure to comply with consumer guarantees under the Australian Consumer Law – when cause of action accrues in relation to supplies of goods – when cause of action accrues in relation to supplies of services - Legislation Cited: Australian Consumer Law, ss 11(c), (d), 54, 55, 60, 61, 262(2), 267(4) Fair Trading Act 1987 (NSW), ss 79E, 79L(1)(a) Cases Cited: Australian Competition and Consumer Commission v Valve Corporation (No 3) [2016] FCA 196 Barbour v Autosports Five Dock Pty Ltd [2020] NSWCATAP 141 Cairns v AHG Newcastle Pty Ltd [2020] NSWCATAP 103 Cyril Smith & Associates Pty Ltd v The Owners-Strata Plan No 64970 [2011] NSWCA 181 E v Australian Red Cross Society (1991) 31 FCR 299; 105 ALR 53 Fairey Australasia Pty Ltd v Joyce [1981] 2 NSWLR 314 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Sacks v Hammoud [2016] NSWCATAP 140 at [57] - [59]: Scarcella v Lettice (2000) 51 NSWLR 302; [2000] NSWCA 289 State Rail Authority of New South Wales v Consumer Claims Tribunal (1988) 14 NSWLR 473 Wilson v Chan & Naylor; Wilson v Chan & Naylor Parramatta Pty Ltd atf Chan & Naylor Parramatta Trust [2018] NSWCATAP 311 Wardley Australia Ltd v Western Australia [1992] HCA 55; (1992) 175 CLR 518 Texts Cited: Halsbury's Laws of Australia, online edition, [255-45] Category: Principal judgment Parties: Nicholas Wilson (Appellant) Mark Winnicott (Respondent) Representation: Appellant (Self Represented) Respondent (Self Represented) File Number(s): 2021/00056093 (AP 21/06111) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 20 January 2021 Before: D Moss, General Member File Number(s): MV 20/49594