Volkswagen Group Australia Pty Ltd v Saad [2022] NSWCATAP 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Volkswagen Group Australia Pty Ltd v Saad [2022] NSWCATAP 133 Hearing dates: 28 February 2022 Date of orders: 19 May 2022 Decision date: 19 May 2022 Jurisdiction: Appeal Panel Before: G Sarginson, Senior Member D Ziegler, Senior Member Decision: 1. The appeal is allowed. 2. The decision under appeal is quashed. 3. The matter is remitted to the Tribunal, differently constituted, with leave for the parties to adduce such further evidence and join further parties as the Tribunal thinks fit. Catchwords: APPEALS – Procedural fairness – adequacy of reasons. CONSUMER LAW – Consumer guarantees – action against manufacturer – guarantee as to due care and skill – guarantee as to fitness for a particular purpose – guarantee as to compliance with express warranty. CONSUMER LAW – Enforcement and remedies – remedies against manufacturer - whether a work order can be made against a manufacturer. Legislation Cited: Australian Consumer Law 2010 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Consumer Claims Act 1998 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2020] FCA 1672 Barbour v Autosports Five Dock Pty Ltd [2020] NSWCATAP 141 Capic v Ford Motor Company of Australia Pty Ltd [2021] FCA 715 Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Pate v Neich Holdings Pty Ltd t/as Sydney vehicle Sales [2018] NSWCATCD 16 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Sacks v Hammoud [2016] NSWCATAP 225 Wilson v Winnicott [2021] NSWCATAP 211 Texts Cited: Nil Category: Principal judgment Parties: Volkswagen Group Australia Pty Ltd (Appellant) Mohammad Saad (Respondent) Representation: Counsel: S Jayasuriya (Appellant)