LSH Auto (Sydney) Pty Ltd v Sherman (No 2) [2021] NSWCATAP 272

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LSH Auto (Sydney) Pty Ltd v Sherman (No 2) [2021] NSWCATAP 272 Hearing dates: 5 February, 14 and 15 July 2021 Date of orders: 13 September 2021 Decision date: 13 September 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Charles, Senior Member Decision: 1. Application dismissed. 2. If any party desires to make an application for costs of the new hearing: a. that party is to so inform the other party within 14 days of the date of these reasons;. b. the applicant for costs is to lodge with the Appeal Panel and serve on the respondent to the costs application any written submissions of no more than five pages on or before 14 days from the date of these reasons; c. the respondent to any costs application is to lodge with the Appeal Panel and serve on the applicant for costs any written submissions of no more than five pages on or before 28 days from the date of these reasons; d. any reply submissions limited to three pages are to be lodged with the Appeal Panel and served on the other party within 35 days of the date of these reasons; e. the parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs application, and if they do not consent, submissions of no more than one page as to why an oral hearing should be conducted rather than the application being determined on the papers. Catchwords: CONSUMER LAW — consumer guarantees — supply of goods — guarantee as to acceptable quality – evidence established vehicle did not contain any defect - evidence insufficient to establish vehicle not of acceptable quality in context of inherent limitations in the vehicle's systems the subject of complaint Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, Sch 4 cl 8(4)(a) Civil and Administrative Tribunal Regulation 2013 (NSW), Sch 1 cl 2(2) Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law, ss 54, 259, 260, 262, 263 Fair Trading Act 1987 (NSW), s 28, 79N Cases Cited: Akratos v Papadopoulos [2016] NSWCATAP 139 Allen v TriCare (Hastings) Ltd [2016] NSWCATAP 216 Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2020] FCA 1672 Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98 LSH Auto (Sydney) Pty Ltd v Sherman [2020] NSWCATAP 246 Newcrest Mining Ltd v Thornton (2012) 248 CLR 555; [2012] HCA 60 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 Vautin v By Winddown (No 4) [2018] FCA 426; (2018) 362 ALR 702 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: LSH Auto (Sydney) Pty Ltd (Appellant) Warwick Gregory Sherman (Respondent) Representation: Counsel: M Murphy (Appellant) D J Townsend (Respondent)