Origin Concepts Pty Ltd v Wynne [2022] NSWCATAP 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Origin Concepts Pty Ltd v Wynne [2022] NSWCATAP 31 Hearing dates: 25 January 2022 Date of orders: 04 February 2022 Decision date: 04 February 2022 Jurisdiction: Appeal Panel Before: P. Durack SC, Senior Member D.Goldstein, Senior Member Decision: 1) The appeal is allowed. (2) The orders made by the Tribunal on 14 October 2021 are set aside. (3) The proceedings are remitted to a differently constituted Tribunal for re-determination. (4) For the purpose of the re-determination, the Tribunal is to make directions which give each party an opportunity to serve such material and submissions in advance of a new hearing as they may wish to provide in the light of our reasons for decision in this appeal. Catchwords: CONSUMER LAW-sale of used motor vehicle-alleged breach of statutory guarantee of acceptable quality-claim for refund of purchase price. APPEALS-- error of law – inadequate reasons. Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Motor Dealers and Repairers Act 2013 Cases Cited: LSH Auto (Sydney) Pty Ltd v Sherman (No 2) [2021] NSWCATAP 272 NSW Land and Housing Corporation v Orr (2019) 100 NSWLR 578 Category: Principal judgment Parties: Origin Concepts Pty Ltd t/as OC Automotive (Appellant) Riley Wynne (Respondent) Representation: Solicitors: Chidiac Legal, solicitors (Appellant) Respondent self- represented File Number(s): 2021/00274986 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 14 October 2021 Before: K Rickards, General Member File Number(s): MV 21/17769