Batshon v Suttons Motors Homebush Pty Limited [2024] NSWCATAP 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Batshon v Suttons Motors Homebush Pty Limited [2024] NSWCATAP 114 Hearing dates: 13 February 2024 Date of orders: 21 June 2024 Decision date: 21 June 2024 Jurisdiction: Appeal Panel Before: G Burton SC, Senior Member C Mulvey, Senior Member Decision: (1) Allow the appeal. (2) Set aside the primary decision dated 20 November 2023. (3) Remit the whole of the proceedings to the Consumer and Commercial Division of the Tribunal for a new hearing by a differently constituted Tribunal upon the evidence already adduced and any further evidence as the Tribunal may allow. Catchwords: APPEAL – consumer law duties – applied wrong principle of law – failure to obtain expert evidence – onus of proof Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Competition and Consumer Act 2010 Fair Trading Act 1987 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Selkirk v The Owners - Strata Plan No 2661 [2024] NSWCATAP 17 Trysams Pty Ltd v Club Constructions (NSW) Pty Ltd [2008] NSWSC 399 Walker Corporation v Sydney Harbour Foreshore Authority (2009) 168 LGERA 1 Category: Principal judgment Parties: Sam Batshon (Appellant) Suttons Motors Homebush Pty Limited (First Respondent) Ford Motor Company of Australia Ltd (Second Respondent) Representation: Appellant (self-represented) O Makhoul (First Respondent) C Burr (Second Respondent) File Number(s): 2023/00422623 Publication restriction: None Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 20 November 2023 Before: S C De Jersey, General Member File Number(s): 2023/00383242