Twining v Mazda Australia Pty Limited [2022] NSWCATCD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Twining v Mazda Australia Pty Limited [2022] NSWCATCD 39 Hearing dates: 10 January 2022; Written submissions completed by 11 March 2022 Date of orders: 16 March 2022 Decision date: 16 March 2022 Jurisdiction: Consumer and Commercial Division Before: J Rose, General Member Decision: The applicant's claim against the respondent is dismissed because, having considered the material placed before it, the Tribunal is not satisfied (at the civil standard of proof) that the grounds required to make the orders sought have been established. Catchwords: CONSUMER LAW — Jurisdiction — NSW Civil and Administrative Tribunal — Consumer and Commercial Division — Whether Tribunal has jurisdiction to determine a claim against an importer/manufacturer by a person who acquired used goods from a previous owner in a private sale CONSUMER LAW — Consumer guarantees — Action against manufacturer — Supply of goods — Guarantee as to acceptable quality — Claim against an importer/manufacturer by a person who acquired used goods from a previous owner in a private sale — What constitutes a "consumer"— Whether failure of goods to comply with guarantee as to acceptable quality has been established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Competition and Consumer Act 1974 (Cth). Fair Trading Act 1987 (NSW) Motor Dealer and Repairers Act 2013 (NSW) Cases Cited: APS Satellite Pty Ltd (formerly known as Sky Mesh Pty Ltd) v Ipstar Australia Pty Ltd [2016] NSWSC 1898 Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2020] FCA 1672 Contact Energy Ltd v Jones [2009] 2 NZLR 830 Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696 Green Square Garage Pty Ltd v ATM Corporation Pty Ltd t/as What You Wreckin [2021] NSWCATCD 92 Healthcare at Home Ltd v The Common Services Agency [2014] UKSC 49; 4 All ER 210 Kennett v Financial Ombudsman Service Ltd [2017] NSWCATAP 59 Lam v Steve Jarvie Motors [2016] NSWCATAP 186 LSH Auto (Sydney) Pty Ltd v Sherman (No 2) [2021] NSWCATAP 272 Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494 Medtel Pty Ltd v Courtney (2003) 130 FCR 182; 198 ALR 630; [2003] FCAFC 151 Merck Sharp & Dohme (Australia) Pty Ltd v Peterson (2011) 196 FCR 145; 284 ALR 1; [2011] FCAFC 128 Plath v Snowy Monaro Regional Council [2019] NSWCATAP 165 Prestige Auto Traders Australia Ltd v Bonnefin [2017] NSWSC 149 Skiba v Serendipity (WA) Pty Ltd t/as Advanced Personal Management [2019] NSWCATAP 224 Vautin v By Winddown (No 4) [2018] FCA 426; (2018) 362 ALR 702 Warner v Hung, in the matter of Bellpac Pty Limited (Receivers and Managers Appointed) (In Liquidation) (No 2) [2011] FCA 1123 Texts Cited: Nil Category: Principal judgment Parties: Dane Twining (Applicant) Mazda Australia Pty Limited (Respondent) Representation: Applicant (Self-represented) S Ironside (Company officer) (Respondent) File Number(s): MV 21/41258 Publication restriction: Nil