NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ismail v Nissan Motor Co (Australia) Pty Limited & anor [2014] NSWCATCD 189 Decision date: 07 October 2014 Before: B Howe, General Member Decision: 1The respondents are to replace the transmission oil pump and the transmission mountings in the applicant's vehicle in a proper and workmanlike manner before the expiration of four weeks from the date of these orders at no cost to the applicant. 2The balance of the application is dismissed. Catchwords: ACCEPTABLE QUALITY - state of vehicle
RENEWAL OF PROCEEDINGS - cost for work not performed - cost to rectify defective work
COMPENSATION - diminution of value of vehicle Legislation Cited: Australian Consumer Law (ACL) Consumer & Competition Act 2010 (C'wlth) Fair Trading Act 1987 (NSW) Consumer Claims Act 1998 Motor Dealers Act 1974 Motor Dealers and Repairers Act 2013 Consumer, Trader and Tenancy Tribunal Act 2002 (CTTT Act) Civil and Administrative Tribunal Act 2013 (NCAT Act) Cases Cited: Margery v Cumberland Ford & Ford Motor Company of Australia [2006] NSWCTTT 488 Category: Principal judgment Parties: Mysa Ismail (applicant) Nissan Motor Co (Australia) Pty Limited ("Nissan") Steve Jarmin Motors Pty Limited ("the dealer") File Number(s): MV 13/55950 Publication restriction: Unrestricted
reasons for decision
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