Alhashemi v Presleys Pty Ltd [2021] NSWCATAP 346

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alhashemi v Presleys Pty Ltd [2021] NSWCATAP 346 Hearing dates: 1 November, 2021 Date of orders: 05 November 2021 Decision date: 05 November 2021 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member R C Titterton OAM, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEAL – consumer appeal relating to purchase of motor vehicle – appellant had failed to provide evidence to substantiate allegations that vehicle was defective – appeal dismissed CONSUMER LAW – motor vehicle purchased at auction on eBay platform – held constituted auction for purpose of Australian Consumer Law and guarantees under ss 54 and 55 did not apply. Legislation Cited: Australian Consumer Law ss 2, 54, 55 Civil and Administrative Tribunal Act 2013 (NSW), s 80, Sch 4 Pt 6, cl 12 Competition and Consumer Act 2010 (Cth), Sch 2, s Motor Dealers and Repairers Act 2013 (NSW) Cases Cited: Nil Category: Principal judgment Parties: Waseem Alhashemi (Appellant) Presleys Pty Ltd (Respondent) Representation: Appellant, in person Respondent, G Naris File Number(s): 2021/00227623 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 12 July, 2021 Before: J Ringrose, General Member File Number(s): MV 21/11718