Atalla v West End Motor Group Pty Ltd t/a West End Mazda [2022] NSWCATCD 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Atalla v West End Motor Group Pty Ltd t/a West End Mazda [2022] NSWCATCD 168 Hearing dates: 1 September 2021, 27 October 2021, 20 December 2021, 10 January 2022, and 18 February 2022 Date of orders: 8 August 2022 Decision date: 08 August 2022 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) West End Motor Group Pty Ltd t/a West End Mazda must pay Edmond Atalla $7,225.00 immediately. (2) West End Motor Group Pty Ltd t/a West End Mazda must pay Edmond Atalla his costs of the proceedings in the lump sum of $2,790.00 immediately. (3) The application is otherwise dismissed. Catchwords: CONSUMER LAW – Application of Australian Consumer Law – Australian Consumer Law (NSW) -due care and skill Legislation Cited: Australian Consumer Law (NSW) – s 54, 60, 259, 260 Fair Trading Act 1987 (NSW) – ss 28, 79N, 74 Cases Cited: Becchara trading as Bechara and Company v Bates [2016] NSWCA 294 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Hadley v Baxendale [1854] EWHC J70 March v Stramare (E & MH) Pty Ltd [1991] HCA 12; (1991) 171 CLR 506 Megeditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Category: Principal judgment Parties: Edmond Atalla (Applicant) West End Motor Group Pty Ltd t/a West End Mazda (First Respondent) Hills District Repair Centre Pty Ltd (Second Respondent) Representation: Applicant (self-represented) M Constable and S Rochford (First respondent) J Bandan, E Kanbour, and R Dib (Second respondent) File Number(s): MV 21/23826 Publication restriction: Nil