NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Green Square Garage Pty Ltd v ATM Corporation Pty Ltd t/as What You Wreckin [2021] NSWCATCD 92 Hearing dates: 27 May 2021 and 29 July 2021 Date of orders: 23 September 2021 Decision date: 23 September 2021 Jurisdiction: Consumer and Commercial Division Before: G Kinsey, General Member Decision: 1.The Respondent ATM Corporation Pty Ltd is to pay the Applicant Green Square Garage Pty Ltd the sum of $4200.00 on or before 8 October 2021; 2. Within 7 days of the receipt of the payment referred to in order 1, the Applicant is to return to the Respondent the BMW M60 engine/ motor together with all parts and accessories provided by the Respondent on 5 July 2020. Catchwords: CONSUMER LAW — Private Sale — Meaning of "carrying on business" — Meaning of "in trade or commerce" — Sale by description-goods supplied do not fit description-breach of contract — Damages Legislation Cited: Fair Trading Act 1987(NSW) Cases Cited: Plath v Snowy Monaro Regional Council [2019] NSWCATAP 165 Skiba v Serendipity(WA) Pty Ltd t/as Advanced Personal Management [2019]NSWCATAP224 Thelfro v Merbron Pty Ltd t/as Burraneer Bay Marina [2018] NSWCATAP 251 Texts Cited: None Category: Principal judgment Parties: Green Square Garage Pty Ltd (Applicant) ATM Corporation Pty Ltd (Respondent) Representation: B Rubner and S Rubner (Applicant)
A Marinho (Respondent) File Number(s): MV 21/00404 Publication restriction: Unrestricted
REASONS FOR DECISION
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