Hall v Scone Diesel Pty Ltd [2023] NSWCATCD 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hall v Scone Diesel Pty Ltd [2023] NSWCATCD 52 Hearing dates: 9 March 2023 Date of orders: 06 April 2023 Decision date: 06 April 2023 Jurisdiction: Consumer and Commercial Division Before: J Drennan, General Member Decision: (1) Scone Diesel Pty Ltd is to pay the applicant $13328.00 on or before 25 April 2023. (2) The application is otherwise dismissed. Catchwords: CONSUMER LAW — Consumer guarantees — Supply of services — Guarantee as to due care and skill Legislation Cited: Competition And Consumer Act 2010 (ACL) Motor Dealer and Repairers Act 2013 (NSW) Cases Cited: NIL Texts Cited: NIL Category: Principal judgment Parties: Steven Hall (Applicant) Scone Diesel Pty Ltd (Respondent) Representation: Applicant: self-represented. Respondent: Mr Le Poer Trench File Number(s): MV 22/35537 Publication restriction: Unrestricted

REASONS FOR DECISION

BACKGROUND 1. This is an application by Steven Hall, who alleges that Scone Diesel Pty Ltd provided services to his diesel vehicle without employing due care and skill resulting in the engine failing and having to be repaired. The amount he is seeking is the cost to diagnose and repair the vehicle which involves another new engine and install. The total amount is $14747.00. In his application Mr Hall speaks about other issues with the vehicle. He provides a list of what he is seeking on page 5. It is about the engine and not any paint or other damages. He did not speak about any of the other claims at the hearing. His claim does however include an application for costs. 2. The respondent rejects the claims and asserts that he did the repairs in the manner that the applicant asked him to perform to keep the cost of the install to a minimum. 3. It is agreed that the method undertaken to install the engine is not good practice.