Schmidt v JRS Trading Pty Ltd [2023] NSWCATAP 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Schmidt v JRS Trading Pty Ltd [2023] NSWCATAP 116 Hearing dates: 18 April 2023 Date of orders: 01 May 2023 Decision date: 01 May 2023 Jurisdiction: Appeal Panel Before: D Goldstein, Senior Member G Ellis SC, Senior Member Decision: 1 Appeal Allowed. 2 The decision of the Tribunal in MV 22/48972 dated 25 January 2023 is set aside. 3 In substitution of that Tribunal decision, the respondent is to pay the applicant the sum of $10,925.00 immediately. 4 The appellant must notify the respondent in writing the location where the vehicle the subject of these proceedings is, within three days of the date of publication of these orders, and the respondent must at its own expense collect the vehicle from that location immediately. Catchwords: APPEALS – Major Failure – Section 260 Australian Consumer Law Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ross Hereford v Automobile Direct Wholesale Pty Ltd [2015] NSWCATCD 58 Ryan v BKB Motor Vehicle Repairs Pty Limited [2017] NSWCATAP 39 Smith v Ozzy's Cheapest Cars Pty Ltd [2019] NSWCATAP 278 Texts Cited: None cited Category: Principal judgment Parties: Bianca Schmidt: Appellant JRS Trading Pty Ltd: Respondent Representation: Appellant: Self-represented Respondent: Self-represented File Number(s): AP 2023/60182 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 25 January 2023 Before: G Bassett General Member File Number(s): MV22/48972