Bates v Craig Wrightson Automotive Pty Limited [2022] NSWCATCD 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bates v Craig Wrightson Automotive Pty Limited [2022] NSWCATCD 55 Hearing dates: 6 December 2021, 31 January 2022 Date of orders: 20 April 2022 Decision date: 20 April 2022 Jurisdiction: Consumer and Commercial Division Before: S Hanstein, General Member Decision: The application is dismissed. Catchwords: CONSUMER LAW — Consumer guarantees — Supply of services — Guarantee as to due care and skill — Motor vehicle — Whether repairs done with due care and skill Legislation Cited: Australian Consumer Law (NSW) Cases Cited: Hueter v Learn To Trade Pty Limited [2018] NSWCATCD 71 Texts Cited: Nil Category: Principal judgment Parties: Paul Bates (Applicant) Craig Wrightson Automotive Pty Limited (Respondent) Representation: Applicant (Self-represented) Respondent (Self-represented) File Number(s): MV21/39839 Publication restriction: Nil

REASONS FOR DECISION 1. The applicant seeks an order that the respondent pay the cost of repairs to his 2001 Ford Transit Winnebago ("Vehicle") which he claims are necessary as a result of previous repairs (involving the supply and installation of a second hand engine) not being carried out by the respondent with due care and skill.

Relevant law 1. Section 60 of the Australian Consumer Law (NSW) ("ACL (NSW)") provides that: if a person supplies, in trade or commerce, services to a consumer, there is a guarantee that the services will be rendered with due care and skill. Whether s 60 of the ACL (NSW) has been breached requires an objective assessment of whether the services provided were provided with reasonable care and skill, taking into account all relevant circumstances, including the type of services to be provided and the price of the services (Hueter v Learn To Trade Pty Limited [2018] NSWCATCD 71 at [86]).