Leach v Toyota Motor Corporation Australia Limited [2022] NSWCATCD 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Leach v Toyota Motor Corporation Australia Limited [2022] NSWCATCD 92 Hearing dates: 27 April 2022 Date of orders: 06 June 2022 Decision date: 06 June 2022 Jurisdiction: Consumer and Commercial Division Before: S Hanstein, General Member Decision: The application is dismissed. Catchwords: CONSUMER LAW — Jurisdiction — NSW Civil and Administrative Tribunal Consumer and Commercial Division — Jurisdiction and powers — Consumer claim —Claim against manufacturer of goods —Where gift to applicant of goods owned by private individual —Whether a supply by a "supplier" — Whether a "consumer claim" Legislation Cited: Fair Trading Act 1987 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Lynette Leach (Applicant) Toyota Motor Corporation Australia Limited (Respondent) Representation: Graham Judge (Applicant) John Ferris (Respondent) File Number(s): MV22/06604 Publication restriction: Nil

REASONS FOR DECISION 1. The applicant seeks compensation from the respondent, who is the manufacturer, for the cost of repairing paint delamination on her vehicle. The vehicle was gifted to the applicant by her father in law who could no longer drive after suffering serious illness. 2. An issue arises as to whether the Tribunal has jurisdiction to hear and determine this matter.

Relevant law 1. The Tribunal has jurisdiction to hear and determine "consumer claims" (section 79J of the Fair Trading Act 1987 ("Act")). 2. A "consumer claim" is defined in section 79E of the Act as: 79E Meaning of "consumer claim" (cf CC Act 1998, s 3A) (1) For the purposes of this Part, a consumer claim means a claim by a consumer, for one or more of the following remedies, that arises from a supply of goods or services by a supplier to the consumer (whether or not under a contract) or that arises under a contract that is collateral to a contract for the supply of goods or services— (a) the payment of a specified sum of money, (b) the supply of specified services, (c) relief from payment of a specified sum of money, (d) the delivery, return or replacement of specified goods or goods of a specified description. (2) For the avoidance of doubt, a reference in this Part to a consumer claim includes a reference to a claim by a consumer against a supplier (for example, a manufacturer or wholesaler) who is not the direct supplier of goods or services to the consumer if the claim arises from or in connection with the supply of those goods or services by the direct supplier to the consumer. 1. A "consumer" is defined in section 79D, relevantly, as follows: consumer means any of the following persons or bodies to whom or to which a supplier has supplied, or agreed to supply, goods or services (whether or not under a contract), or with whom or with which a supplier has entered into a contract that is collateral to a contract for the supply of goods or services— (a) a natural person, (b) ... 1. A "supplier" is defined in Section 79D as follows: supplier means a person who, in the course of carrying on (or purporting to carry on) a business, supplies goods or services. 1. The term "supply" is defined in section 79G, relevantly, as follows: 79G Meaning of "supply" (cf CC Act 1998, s 3 (1) (definition of "supply") and s 3 (2)) (1) For the purposes of this Part, a reference to the supply of goods includes a reference to any of the following— (a) supplying goods by way of sale, exchange, lease, hire or hire-purchase, (b) resupplying goods, (c) agreeing to supply goods, (d) supplying goods together with services. …