Campbell & Campbell v Manning Valley Automotive Pty Ltd [2022] NSWCATCD 211

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Campbell & Campbell v Manning Valley Automotive Pty Ltd [2022] NSWCATCD 211 Hearing dates: 2 December 2022 Date of orders: 21 December 2022 Decision date: 21 December 2022 Jurisdiction: Consumer and Commercial Division Before: J Drennan, General Member Decision: The application is dismissed. Catchwords: CONSUMER LAW — Consumer guarantees — Supply of goods — Guarantee relating to supply by description Legislation Cited: Motor Dealers and Repairers Act 2013 (NSW) Fair Trading Act 1987 (NSW) The Australian Consumer Law Category: Principal judgment Parties: Graham & Robert Campbell (Applicants) Manning Valley Automotive Pty Ltd (Respondents) Representation: The applicants were represented by Mr Graham Campbell.

The respondent was represented by Mr Brooks & Mr Miedecke File Number(s): MV 22/31560 Publication restriction: Unrestricted

REASONS FOR DECISION

Background 1. The applicant Robert Campbell bought a second-hand vehicle from the respondent earlier this year (the purchase financed by his son Mr Graham Campbell). Mr Graham Campbell says that the salesman misled him into believing that the car only had two marks on it that would be able to be buffed out. Graham Campbell says that the car has numerous scratches and dents and the clear coat on the roof needs repair. He said that he and his father did not reject the vehicle at any time and they do not want a refund. Mr Robert Campbell is seeking the cost to repair the body work. 2. The respondent's, Manning Valley Automotive Pty Limited deny that they told the applicants that the vehicle had only two buffable marks. They say that when the dispute arose, they offered a full refund on three separate occasions to avoid litigation. The refund offer was not accepted by the applicants. Further, the respondents say that they told Graham Campbell prior to the sale, that - as his father (Robert) and his brother (Ian) were at the yard looking at the vehicle that they would be better placed to judge its condition (the salesperson was working away from the yard).