Haselden v Manning Valley Motor Holdings Pty Ltd t/a Mid Coast Automotive Group [2023] NSWCATCD 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Haselden v Manning Valley Motor Holdings Pty Ltd t/a Mid Coast Automotive Group [2023] NSWCATCD 104 Hearing dates: 19 May 2023 Date of orders: 08 August 2023 Decision date: 08 August 2023 Jurisdiction: Consumer and Commercial Division Before: S Hanstein, General Member Decision: The application is dismissed. Catchwords: CONSUMER LAW — Consumer guarantees — Supply of goods and services — Guarantee as to due care and skill — Guarantee as to acceptable quality — Motor vehicle — Whether repairs done with due care and skill — Whether part of acceptable quality Legislation Cited: Australian Consumer Law (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Kristy Haselden (Applicant) Manning Valley Motor Holdings Pty Ltd t/a Mid Coast Automotive Group (Respondent) Representation: Applicant in person Mario Tomlin and Mark Stone (Respondent) File Number(s): MV 23/12799 Publication restriction: Nil

REASONS FOR DECISION 1. The respondent carried out repairs to the applicant's Nissan X-Trail vehicle in November 2022, including replacing the slave cylinder in the clutch system. The applicant claims the work was not done with due care and skill, or the slave cylinder that was installed by the respondent was faulty. She seeks an order for compensation in the amount paid to another mechanic to have further work done to the clutch system, to replace the slave cylinder.

Relevant law 1. Section 54 of the Australian Consumer Law (NSW) ("ACL (NSW)") provides, relevantly: 54 Guarantee as to acceptable quality (1) If: (a) a person supplies, in trade or commerce, goods to a consumer; and (b) the supply does not occur by way of sale by auction; there is a guarantee that the goods are of acceptable quality. (2) Goods are of acceptable quality if they are as: (a) fit for all the purposes for which goods of that kind are commonly supplied; and (b) acceptable in appearance and finish; and (c) free from defects; and (d) safe; and (e) durable; as a reasonable consumer fully acquainted with the state and condition of the goods (including any hidden defects of the goods), would regard as acceptable having regard to the matters in subsection (3). (3) The matters for the purposes of subsection (2) are: (a) the nature of the goods; and (b) the price of the goods (if relevant); and (c) any statements made about the goods on any packaging or label on the goods; and (d) any representation made about the goods by the supplier or manufacturer of the goods; and (e) any other relevant circumstances relating to the supply of the goods. ... 1. Section 60 of the ACL (NSW) provides: 60 Guarantee as to due care and skill If a person supplies, in trade or commerce, services to a consumer, there is a guarantee that the services will be rendered with due care and skill. 1. Section 259(4) of the ACL (NSW) (and section 267(4) in respect to the supply of services) provides: (4) The consumer may, by action against the supplier, recover damages for any loss or damage suffered by the consumer because of the failure to comply with the guarantee if it was reasonably foreseeable that the consumer would suffer such loss or damage as a result of such a failure.