Frantzis v Kumar Motors (Bankstown) Pty Ltd t/a Peninsular Motor Group [2022] NSWCATCD 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Frantzis v Kumar Motors (Bankstown) Pty Ltd t/a Peninsular Motor Group [2022] NSWCATCD 163 Hearing dates: 25 March 2022, 3 June 2022 Date of orders: 26 August 2022 Decision date: 26 August 2022 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) The application is dismissed. Catchwords: CONSUMER LAW – consumer guarantees – supply of goods – guarantee as to acceptable quality CONSUMER LAW – consumer guarantees – supply of services – guarantee as to fitness for a particular purpose CONSUMER LAW – general protections – misleading and deceptive conduct Legislation Cited: Australian Consumer Law (NSW) – ss 3, 18, 54, 61, 63, 259 Civil and Administrative Tribunal Rules 2014 (NSW) – r 35 Fair Trading Act 1987 (NSW) – ss 28, 74, 79N Cases Cited: Australian Competition and Consumer Commission v Dukemaster Pty Ltd [2009] FCA 682 Category: Principal judgment Parties: Arthur Frantzis (Applicant) Kumar Motors (Bankstown) Pty Ltd t/a Peninsular Motor Group (First respondent) Integrity Car Care Pty Ltd (Second respondent) Representation: Counsel: P Tiliakos (Applicant)

Solicitors: Koutzoumis Lawyers (Applicant)

Other: U Singh (First Respondent) M Sherry (Second Respondent) File Number(s): MV 21/50677 Publication restriction: Nil