Sukkar v Rima trading as Elite Pro Tuning [2019] NSWCATCD 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sukkar v Rima trading as Elite Pro Tuning [2019] NSWCATCD 95 Hearing dates: 3 July 2019 Date of orders: 16 July 2019 Decision date: 16 July 2019 Jurisdiction: Consumer and Commercial Division Before: B Shipp, Senior Member Decision: The application is dismissed. Catchwords: CONSUMER LAW — Breach of "due care and skill" guarantee under Australian Consumer Law Legislation Cited: Australian Consumer Law Fair Trading Act (NSW) Civil and Administrative Tribunal Act (NSW) Cases Cited: Read v Nerey Nominees Pty Ltd [1979] VR 47 Mayne Nickless Ltd v Crawford (1992) 59 SASR 490 Texts Cited: S.G. Corones, The Australian Consumer Law (2011) Lawbook Co pp 361-362 Category: Principal judgment Parties: Mansour Sukkar (Applicant) Mahmoud Rima, trading as Elite Pro Tuning (Respondent) Representation: Applicant (Self-represented)

Solicitors: Francom Legal (Respondent) File Number(s): MV 19/12236 Publication restriction: NIL

REASONS FOR DECISION

Background and Application 1. The Applicant is the owner of a Mitsubishi Lancer Evolution 8 vehicle, which he purchased in May 2018 from a party unrelated to these proceedings. The vehicle had an odometer reading of approximately 130,000 at the time of sale. 2. He claims that he took his vehicle to the Respondent for repairs, because he noticed it was not engaging Gear 6. He had certain discussions with the Respondent, which are further detailed below. He paid the Respondent $5,650 for the work performed but alleges further significant problems with the gearbox and clutch about 3 weeks after collecting the vehicle. 3. He contacted the Respondent who initially agreed to further inspect the vehicle, but later declined to do so. As a result of this, the Applicant took the vehicle to another repairer (Newton Automotives – "Newton") who diagnosed the problems and completed the necessary repairs. 4. He was also required to purchase a new clutch from Western Clutch Service – "WCS"), and to have further work done by an engineer – "Pipelex". 5. In January 2019, the Applicant applied for an order (MV 19/01169) that the Respondent pay the costs he incurred to have the vehicle repaired, as a result of the failure of the Respondent to exercise due care and skill. This matter was listed for hearing on 12 March 2019. The matter was dismissed because there was no appearance of the Applicant. On the same day, the Applicant lodged a further application seeking the same orders (MV 19/12336).