Sowter v Heartland Penrith Pty Ltd and General Motors Holden NSC Pty Ltd [2021] NSWCATCD 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sowter v Heartland Penrith Pty Ltd and General Motors Holden NSC Pty Ltd [2021] NSWCATCD 55 Hearing dates: 24 November 2020 Date of orders: 06 January 2021 Decision date: 06 January 2021 Jurisdiction: Consumer and Commercial Division Before: G Bassett, General Member Decision: 1. The application is dismissed. Catchwords: CONSUMER LAW — Australian Consumer Law (NSW) — Action against manufacturer - Action against supplier - Supply of goods — Guarantee as to acceptable quality Legislation Cited: Australian Consumer Law Fair Trading Act 1987 (NSW) Motor Dealers and Repairers Act 2013 (NSW) Cases Cited: Safi v Heartland Motors Pty Ltd t/as Heartland Chrysler [2016] NSWCATAP 80 Category: Principal judgment Parties: Joy Sowter (Applicant)

Heartland Penrith Pty Ltd (First Respondent)

General Motors Holden NSC Pty Ltd (Second Respondent) Representation: Applicant (Self-represented)

First Respondent (Self-represented)

Second Respondent (Self-represented) File Number(s): MV 20/15837 Publication restriction: Nil

REASONS FOR DECISION

Application and procedural history 1. On or about 24 March 2020, the applicant applied for orders to repair or replace the motor vehicle. The vehicle was alleged to have "creases, ripples and marks" and was not "up to manufacturing standards". Some documentary evidence was attached to the application. 2. At conciliation hearing on 8 September 2020 the applicant was given the opportunity to join the manufacturer of the vehicle, General Motors Holden Australia NSC Pty Ltd.