NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Felice v Mercedes-Benz Group Australia/Pacific Pty Ltd [2024] NSWCATCD 12 Hearing dates: 13 December 2023 Date of orders: 08 January 2024 Decision date: 08 January 2024 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) Shane Felice must return Mercedes-Benz A 250 4Matic (VIN W1K1771472J344958) to Mercedes-Benz Group Australia/Pacific Pty Ltd by delivering it to Tynan Motors Pty Ltd, and do all things necessary to transfer ownership of that motor vehicle to Mercedes-Benz Group Australia/Pacific Pty Ltd, by 31 January 2024. (2) Mercedes-Benz Group Australia/Pacific Pty Ltd must pay Shane Felice $71,432.30 by 31 January 2024 in accordance with the following directions: (i) the amount owing to Mercedes-Benz Financial Services Australia Pty Ltd in relation to the dealer-related finance contract and any fees and charges associated with the early termination of that contract must be discharged first, (ii) then any balance remaining to be paid to Shane Felice. (3) If there are any difficulties with compliance with these orders any party may apply to the Registrar to have the application listed for directions. Catchwords: CONSUMER CLAIMS – Fair Trading Act 1987(NSW) – Australian Consumer Law (NSW) – consumer guarantees in relation to the supply of goods – guarantee relating to the supply of goods by description – major failure – where motor vehicle purchase funded with dealer related finance – form of orders Legislation Cited: Australian Consumer Law (NSW), ss 54, 56, 259, 260, 261, 262 Fair Trading Act 1989 (NSW), ss 28, 79N Category: Principal judgment Parties: Shane Felice (Applicant) Mercedes-Benz Group Australia/Pacific Pty Ltd (First respondent) Tynan Motors Pty Ltd (Second respondent) Representation: Shane Felice (self-represented) C Poyser, in house Counsel (First respondent) R O'Connor, New Car Sales Manager (Second respondent) File Number(s): 2023/00378505 Publication restriction: Nil
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