Derek James Walsh v Neil Pollard Car Sales Pty Ltd [2014] NSWCATCD 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Derek James Walsh v Neil Pollard Car Sales Pty Ltd [2014] NSWCATCD 53 Decision date: 22 April 2014 Before: G Bassett, General Member Decision: On or before 8 May 2014 the respondent is to pay the applicant the sum of $8,115.00. Catchwords: Warranty, Form 4, encumbrance, title, misleading, deceptive, acceptable quality Legislation Cited: Consumer Claims Act 1998 (NSW) s 28 Fair Trading Act 1987(NSW) Schedule 2 Competition and Consumer Act 2010 (Cth) s 24 Motor Dealers Act 1974 (NSW) Cases Cited: Flaxman v Sydney 4X4 Pty Ltd (Motor Vehicle) [2013] NSWCTTT 62 Rand v Homebush Automobiles Pty Ltd (Motor Vehicle) [2013] NSWCTTT 79

Principal Judgment Category: Principal judgment Parties: Derek James Walsh, Applicant self-represented Neil Pollard for Neil Pollard Car Sales Pty Ltd File Number(s): MV 13/66781

reasons for decision

APPLICATION 1The application was lodged on 23 December 2013. 2The applicant sought orders for the respondent to pay him $14,450.00. In his reasons for requesting the order the applicant stated: "The car was sold to me and found to be written off vehicle and not to be replaced or registered. The car cannot be driven by law." 3On 5 February 2014 the matter was adjourned for hearing and the usual procedural directions made in relation to documents to be relied on at hearing.

JURISDICTION 4The Tribunal has jurisdiction to determine the matter pursuant to the Consumer Claims Act 1998 (NSW). The transaction occurred in the last 3 years and the amount sought is less than the Tribunal's monetary limit of $30,000.00. 5The Australian Consumer Law is imported into the law of New South Wales by virtue of s 28 of the Fair Trading Act 1987 (NSW). The Australian Consumer Law provides consumers with guarantees regarding the provision of goods and services set out in Schedule 2 of the Competition and Consumer Act 2010.