Sinclair v Taree City Car Sales Pty Ltd [2023] NSWCATAP 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sinclair v Taree City Car Sales Pty Ltd [2023] NSWCATAP 45 Hearing dates: On the Papers Date of orders: 20 February 2023 Decision date: 20 February 2023 Jurisdiction: Appeal Panel Before: L Wilson, Senior Member A Lo Surdo SC, Senior Member Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The Orders of the Tribunal in MV22/26574 dated 27 October 2022 are set aside. (4) Order the Respondent to pay to the Appellant the sum of $2,973.00 on or before 22 February 2023. Catchwords: EVIDENCE - whether the Tribunal mischaracterised the nature of the expert evidence – whether the decision of the Tribunal was against the weight of the evidence APPEALS – whether leave to appeal should be granted – whether the appellant has suffered a substantial miscarriage of justice Legislation Cited: Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act, 2010 (Cth) Civil and Administrative Tribunal Act, 2013 (NSW) Motor Dealers and Repairers Act, 2013 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Medtel Pty Ltd v Courtney (2003) 130 FCR 182 Merck Sharp & Dohme (Aust) Pty Ltd v Peterson (2011) 196 FCR 145 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Texts Cited: None cited Category: Principal judgment Parties: Annika Joy Sinclair (Appellant) Taree City Car Sales Pty Ltd (Respondent) Representation: Appellant (Self Represented) File Number(s): 2022/00346098 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: N/A Date of Decision: 27 October 2022 Before: S Hausfield, General Member File Number(s): MV 22/26574