TLK Transport Pty Ltd v Thornthwaite Pty Ltd t/as Yass Valley Mobile Mechanic [2014] NSWCATCD 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TLK Transport Pty Ltd v Thornthwaite Pty Ltd t/as Yass Valley Mobile Mechanic [2014] NSWCATCD 147 Hearing dates: 9 May 2014 Decision date: 30 July 2014 Before: A Anforth, General Member Decision: The respondent is to pay the applicant the sum of $6710.39 by 31 August 2014. The respondent is to make the following parts available for the applicant to collect within business hours by 31 July 2014: all damaged parts which were removed from the engine, and any remaining parts supplied by the applicant to the respondent (including the cam bearings which did not fit). The respondent must remove the security interest he registered over the applicant's truck from the Personal Property Securities Register. The respondent is to provide the applicant with written proof of this by 31 July 2013 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s7, sch 1 and 4; Competition and Consumer Act 2010 (Cth) schedule 2; Competition and Consumer Regulations 2010 (Cth) regulation 90; Consumer Claims Act 1998 (NSW) sections 3, 3A and 7 Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) section 5 Fair Trading Act 1987 (NSW) sections 28 and 32 Motor Vehicles and Repairers Act 2013 (NSW) sections 4, 6, 111, 112, 113 and 167 Personal Property Securities Act 2009 (Cth) sections 8 and 157 Personal Property Securities (Commonwealth Powers) Amendment Act 2009 (NSW) section 3 Privacy Act 1988 section 13 Registration of Interest in Goods Act 1986 (NSW) section 3 Cases Cited: Black Inx Pty Ltd v ACT Professional Building Services Pty Ltd t/as ACTPRO [2003] NSWCTTT 195 (24 February 2003) NCO Finance Australia Pty Ltd v Australian Pacific Airports (Melbourne) Pty Ltd [2013] FCCA 2274 Texts Cited: Explanatory Memorandum, Trade Practices Amendment (Australian Consumer Law) Act (No.2) 2010 (Cth) Industry Guide to the Australian Consumer Law: Motor Vehicle Sales and Repairs (2013) NRMA, MotorServe Policy (July 2013) Repco Ltd, Repco Authorised Service Nationwide Warranty (2014) Category: Principal judgment Parties: TLK Transport Pty Ltd (applicant) Thornthwaite Pty Ltd t/as Yass Valley Mobile Mechanic (respondent) File Number(s): MV 13/65113