P8 Auto Ltd t/as European Automotive Ballina v Dolling [2022] NSWCATAP 41

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: P8 Auto Ltd t/as European Automotive Ballina v Dolling [2022] NSWCATAP 41 Hearing dates: 07 February 2022 Date of orders: 7 February 2022 and 15 February 2022 Decision date: 07 February 2022 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member M Gracie, Senior Member Decision: 1. The appellant is granted an extension of time until 5 November 2021 in which to lodge the appeal. 2. The appeal is allowed. 3. The order made by the Tribunal on 21 September 2021 is set aside. 4. The proceedings are remitted to a differently constituted Tribunal for re-determination. 5. The Tribunal is to make directions which give the parties the opportunity to serve such evidence as they may wish to rely upon in the re-determination of the proceedings. 6. The appellant's application for the respondent to pay its costs of the appeal is dismissed. Catchwords: CONSUMER LAW-supply and installation of replacement motor vehicle engine-statutory guarantees in the Australian Consumer Law (NSW) in respect of supply of goods and supply of services-identification of the problem with the replacement engine and its cause-whether problem with installation-whether buyer's usage of vehicle made problems worse. APPEALS-errors of law-terms of statutory guarantees not applied-inadequate reasons-material evidence not considered. Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: NSW Land and Housing Corporation v Orr (2019) 100 NSWLR 578 Origin Concepts Pty Ltd v Wynne [2022] NSWCATAP 31 Category: Principal judgment Parties: P8 Auto Ltd t/as European Automotive Ballina (Appellant) Nathan Dolling (Respondent) Representation: Solicitors: Yates Beaggi Lawyers (Appellant) Hannigans Solicitors (Respondent) File Number(s): 2021/00314480 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 21 September 2021 Before: K Rickards, General Member File Number(s): MV 21/32333