Jacqueline May Smith v East Coast Automotive Group Pty Ltd [2014] NSWCATCD 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jacqueline May Smith v East Coast Automotive Group Pty Ltd [2014] NSWCATCD 100 Hearing dates: 29 November 2013 Decision date: 22 January 2014 Before: G Bassett, General Member Decision: On or before 16 February 2014 the respondent is to pay the applicant the sum of $1,401.45. Catchwords: Repair, make good, defect, statutory warranty, Form 4 Legislation Cited: Consumer Claims Act 1998 Section 27 Motor Dealers Act 1974 Category: Principal judgment Parties: Jacqueline May Smith (Applicant) East Coast Automotive Group Pty Ltd (Respondent) Representation: Self represented (Applicant) S Murphy (Respondent) File Number(s): MV 13/40107

reasons for decision

APPLICATION 1This was a Section 68 rehearing of MV 13/18857. Orders made the initial hearing were set aside on 25 July 2013. Rehearing was granted as the respondent had not appeared at the initial hearing. 2The rehearing first came before me on 23 August 2013. The matter was adjourned for hearing.

JURISDICTION 3The applicant purchased a 2005 Holden Barina from the respondent on 3 October 2012 under a Form 4 transaction. 4The claim was a "consumer claim" as defined in section 3A (i) of the Consumer Claims Act 1998. The matter involves an amount less than $30,000.00 and the application was filed within the period of 3 years from the date of the cause of action (Section 7 of the Act). The Tribunal also has jurisdiction in respect of the obligation of a dealer to repair defects under Section 27 of the Motor Dealers Act 1974.

ISSUES 5The issue is whether the respondent complied with its obligation to repair the vehicle under the statutory warranty.