Faruk Chauhud v Alto Prestige Pty Ltd [2021] NSWCATCD 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Faruk Chauhud v Alto Prestige Pty Ltd [2021] NSWCATCD 129 Hearing dates: 7 October 2021 Date of orders: 15 November 2021 Decision date: 15 November 2021 Jurisdiction: Consumer and Commercial Division Before: A Lynch, General Member Decision: The application is dismissed. Catchwords: CONSUMER LAW — Motor vehicle — Repair cost —Unilateral mistake Legislation Cited: Fair Trading Act 1987 (NSW) Cases Cited: Royal Diamonds Pty Ltd v Buttie [2016] NSWCATAP 230 Fox Entertainment Precinct Pty Ltd v. Centennial Park and Moore Park Trust [2004] NSWSC 214 Taylor v Johnson (1983) 151 CLR 422 Hartog v Colin & Shields [1939] 3 All ER 566 Texts Cited: Carter, Peden and Tolhurst, Contract Law in Australia (Fifth Edition, 2007) Category: Principal judgment Parties: Faruk Chauhud (Applicant) Alto Prestige Pty Ltd (Respondent) Representation: Applicant (Self-represented)

Counsel: R Fitzgerald (Respondent) File Number(s): MV 21/15085 Publication restriction: Nil

REASONS FOR DECISION

Application 1. This is an application to the Tribunal by Mr Faruk Chauhud ("the applicant") for refund of part of the monies paid to Alto Prestige Pty Ltd ("the respondent") on the basis that he was provided with a written quote for $4445.00 and has paid the sum of $12,940.84. The applicant is seeking a refund of the sum of $8495.84. 2. The applicant seeks to rely on the written quotation provided by the respondent on 1 February 2021, which the respondent claims contains an error that incorrectly lists the cost of parts as $1032 rather than the actual cost of $10,320.00. The cost of labour was quoted as $3125 resulting in a total quoted cost of $4445.00. 3. The respondent says there was no mistake as to the price. The respondent's position is that as although there was an error in the quote, the full cost was discussed on 3 February 2021 and the price was accepted by the applicant on that date. The respondent says that is the concluded contract, and therefore there is no mistake on the part of the applicant as to the cost.