Ni v Car Skinning Pty Ltd and Performance Auto Trader Pty Ltd [2023] NSWCATCD 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ni v Car Skinning Pty Ltd and Performance Auto Trader Pty Ltd [2023] NSWCATCD 62 Hearing dates: 15 May 2023 Date of orders: 09 June 2023 Decision date: 09 June 2023 Jurisdiction: Consumer and Commercial Division Before: J Rose, General Member Decision: (1) The first-named respondent, Car Skinning Pty Limited, must pay the applicant, Yuheng Ni, the sum of $10,342.66 on or before 23 June 2023. (2) The Tribunal declares that the amount of $16,264.92 claimed by the respondents is not due or owing by the claimant to either or both respondents. (3) The balance of the proceeding is dismissed. Catchwords: CONSUMER LAW — Misleading or deceptive conduct — Conduct evaluated in all the circumstances CONSUMER LAW — Misleading or deceptive conduct — Representations as to future matters — Whether reasonable grounds for making representation CONSUMER LAW — Misleading or deceptive conduct — Remedies — Damages and other orders Legislation Cited: Australian Consumer Law Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Cases Cited: Australian Competition and Consumer Commission v TPG Internet Pty Ltd 250 CLR 240; [2013] HCA 54 Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 Costa Vraca Pty Ltd v Berrigan Weed & Pest Control Pty Ltd (1998) 155 ALR 714 Demagogue Pty Ltd v Ramensky [1992] FCA 851; (1992) 39 FCR 31 Ghazal v Masterton Homes Pty Ltd [2018] NSWCATAP 227 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 Telstra Corporation Limited v Singtel Optus Pty Ltd [2020] FCA 1372 Texts Cited: Nil Category: Principal judgment Parties: Yuheng Ni (Applicant) Car Skinning Pty Ltd and Performance Auto Trader Pty Ltd (Respondents) Representation: In person (Applicant) Mr I Liang (sales manager) (Respondent) File Number(s): GEN 23/02888 Publication restriction: Nil