Englebrecht v Pryor [2023] NSWCATAP 278

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Englebrecht v Pryor [2023] NSWCATAP 278 Hearing dates: 12 October 2023 Date of orders: 12 October 2023 Decision date: 17 October 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member P Durack SC, Senior Member Decision: 1. The appeal is allowed in respect of ground 3. 2. The decision of the Tribunal in proceedings MV 23/23234 on 18 July 2023 is varied. 3. The Appellant is to pay to the Respondent the sum of $15,500 and collect from the Respondent the 2020 Polaris Ranger XP 1000 within 14 days, upon 48 hours' written notice. Catchwords: APPEALS – claim under the Australian Consumer Law (NSW) – application of s 54(7) of that legislation – failure to engage with a clearly articulated case – admissibility of evidence where rules of evidence inapplicable Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2016] NSWCATAP 216 Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 Deacon v National Strategic Constructions Pty Ltd; National Strategic Constructions Pty Ltd v Deacon [2017] NSWCATAP 185 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; (2003) 77 ALJR 1088; [2003] HCA 26 Elley v Commissioner of Police, NSW Police Force [2023] NSWCATAP 237 Haider v JP Morgan Holdings Aust Ltd [2007] NSWCA 158 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Minister for Immigration and Multicultural and Indigenous Affairs v VOAO [2005] FCAFC 50 Rice Marketing Board for the State of New South Wales v Forbidden Foods Pty Limited; Forbidden Foods Pty Limited v Rice Marketing Board for the State of New South Wales [2020] NSWCATAP 182 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Skiwing Pty Ltd v Trust Co of Australia t/as Stockland Property Management [2006] NSWCA 276 Smith & Anor v Collings Homes Pty Ltd & Anor [2004] NSWCA 75 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 Texts Cited: None cited Category: Principal judgment Parties: Coby Ryan Englebrecht (Appellant) Robert Pryor (Respondent) Representation: Solicitors: Everingham Solomon Solicitors (Appellant) McArthur Legal Services Pty Ltd (Respondent) File Number(s): 2023/00246296 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not cited Date of Decision: 31 July 2023 Before: P Harris, Member File Number(s): MV 23/23234