Heng v Tynan Motors Pty Ltd [2024] NSWCATAP 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Heng v Tynan Motors Pty Ltd [2024] NSWCATAP 75 Hearing dates: 20 February 2024 Date of orders: 08 May 2024 Decision date: 08 May 2024 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Burton SC, Senior Member Decision: Leave to appeal is refused and the appeal is otherwise dismissed. Catchwords: APPEALS — leave to appeal — assessment of competing evidence concerning whether or not a logbook was to be supplied with the sale of a motor vehicle — Tribunal evaluated relevant evidence — whether decision not fair and equitable or against the weight of evidence — no substantial miscarriage of justice Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: Adriel Heng (Appellant) Tynan Motors Pty Ltd (Respondent) Representation: Appellant (self-represented) L Tink (Group Service Manager) (Respondent) File Number(s): 2023/00364284 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 10 October 2023 Before: J Levingston, General Member File Number(s): MV23/39187