Fries v PPT Investments Pty Limited [2022] NSWCATCD 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fries v PPT Investments Pty Limited [2022] NSWCATCD 134 Hearing dates: 30 May 2022 Date of orders: 16 August 2022 Decision date: 16 August 2022 Jurisdiction: Consumer and Commercial Division Before: S Hanstein, General Member Decision: The application is dismissed. Catchwords: CONSUMER LAW — Consumer guarantees — Supply of goods — Guarantee as to acceptable quality — Guarantee as to fitness for purpose — Motor vehicle — Whether vehicle of acceptable quality— Whether vehicle fit for purpose 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: Safi v Heartland Motors Pty Ltd t/as Heartland Chrysler [2016] NSWCATAP 80; Hueter v Learn To Trade Pty Limited [2018] NSWCATCD 71 Category: Principal judgment Parties: Udo Fries (Applicant)

PPT Investments Pty Limited (First respondent) Silvermate Pty Limited (Second respondent) Representation: Roberts Legal (Applicant)

B Heuchan (First respondent) P Hartley and C Eschler (Second respondent) File Number(s): MV22/03549 Publication restriction: Nil

REASONS FOR DECISION 1. The applicant purchased a new motor vehicle from the first respondent, and had servicing and maintenance on the vehicle carried out by the second respondent. The applicant seeks an order that the respondents pay to him the sum of $21,000 for loss suffered by him as a result of the respondents' failure to comply with consumer guarantees under the Australian Consumer Law (NSW) ("ACL (NSW)").