Wanna v Xtreme Car Sales Group 1 Pty Ltd [2023] NSWCATCD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wanna v Xtreme Car Sales Group 1 Pty Ltd [2023] NSWCATCD 32 Hearing dates: 20 March 2023 Date of orders: 31 March 2023 Decision date: 31 March 2023 Jurisdiction: Consumer and Commercial Division Before: G A Kinsey, General Member Decision: The Respondent Xtreme Car Sales Group 1 Pty Ltd is to pay the Applicant Samantha Wanna the sum of $2420.00 within 7 days of the date hereof. Catchwords: CONSUMER CLAIM- Section 54 of Australian Consumer Law-vehicle not of acceptable quality-non-compliance remedied by supplier-assessment of loss and damage Legislation Cited: Australia Consumer Law (Cth) Fair Trading Act 1987 (NSW) Cases Cited: LSH Auto (Sydney) Pty Ltd v Sherman (No 2) [2021] NSWCATAP 272 Matumaini v Automobile Industries [2017] NSWCATAP93 Safi v Heartland Motors Pty Ltd t/as Heartland Chrysler [2016] NSWCATAP 80 Texts Cited: None cited Category: Principal judgment Parties: Samantha Wanna (Applicant) Xtreme Car Sales Pty Ltd (Respondent) Representation: Applicant in person John Haddad of Paramount Law Group (Solicitor for Respondent) File Number(s): MV 22/52228 Publication restriction: Unrestricted

REASONS FOR DECISION

Parties 1. The Applicant (hereinafter referred to as "Wanna") was the purchaser of a 2014 Kuga TF Titanium 4x4 motor vehicle registration DD74NV ("the vehicle") from Xtreme Car Sales on or about 15 February 2022. Wanna appeared in person at the hearing 2. Xtreme Car Sales Group 1 Pty Ltd (hereinafter referred to as "Xtreme Car Sales") carries on business of a used car dealer at 16 Queen Street Campbelltown. At the hearing Xtreme Car Sales was represented by John Haddad solicitor from Paramount Law Group.