Lewington v Manning Valley Motor Holdings Pty Ltd [2023] NSWCATCD 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lewington v Manning Valley Motor Holdings Pty Ltd [2023] NSWCATCD 139 Hearing dates: 11 August 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Consumer and Commercial Division Before: J Searson, General Member Decision: 1. The respondent is to pay the applicant the sum of $8130 on or before 22 November 2023. Catchwords: CONSUMER LAW — consumer guarantees – major failure – rejection of goods - rejection period–damages. Legislation Cited: Australian Consumer Law Fair Trading Act 1987 Cases Cited: Barbour v Autosports Five Dock Pty Ltd [2020] NSWCATAP 141 Hadley v Baxendale [1854] EngR 296; (1854) 9 Exch 341 Smith v Origin Concepts Pty Ltd [2017] NSWCATAP 153 Vince Taskovski & Anor v Otomobile Shoppe Pty Ltd [2015] NSWCATCD 24 Texts Cited: None cited Category: Principal judgment Parties: Tania Lewington (Applicant)

Manning Valley Motor Holdings Pty Ltd t/as Newcastle Ssangyoung (Respondent) Representation: Applicant (Self-represented)

Mr Tomlin and Mr Felton (Respondent) File Number(s): MV 23/20306 Publication restriction: Nil

REASONS FOR DECISION

Background 1. In this matter the applicant is seeking orders for payment of an amount of money in relation to the purchase of a new motor vehicle. The applicant claims that there was a failure by the respondent to comply with a number of the consumer guarantees contained in the Australian Consumer Law. 2. The respondent opposed the application and the orders as sought by the applicant.