Campbell Stuart Smith v Family Auto Group Pty Ltd t/as Western Auto Group [2014] NSWCATCD 244

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Campbell Stuart Smith v Family Auto Group Pty Ltd t/as Western Auto Group [2014] NSWCATCD 244 Hearing dates: 3 November 2014 Decision date: 19 December 2014 Jurisdiction: Consumer and Commercial Division Before: G J Sarginson, General Member Decision: The respondent, Family Auto Group Pty Ltd t/as Western Auto Group is to pay the applicant, Campbell Stuart Smith the sum of $350.00 immediately; The respondent, Family Auto Group Pty Ltd t/as Western Auto Group is to repair the applicant's vehicle, at no cost to the applicant, in a proper and workmanlike manner, to rectify the defects of the vehicle as identified in the Pacific Garage inspection reports of 18 February 2014 and 21 February 2014 (with the exception of repair of rust) on or before 5 weeks from the date of this decision. The vehicle is to be collected by the respondent and returned to the applicant's premises after being repaired. The parties are to agree on a suitable date for when the vehicle can be collected. Catchwords: Motor Vehicles Consumer Claims Acceptable quality Major failure Remedies Legislation Cited: Motor Dealers Act 1974 Fair Trading Act 1987 Australian Consumer Law 2010 Consumer Claims Act 1998 Consumer Claims Regulation 2014 Civil and Administrative Tribunal Act 2013 Cases Cited: Burton v Chad One Pty Limited [2013] NSWDC 301 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 at 198 Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 at [26]-[29]; Poulet Frais Pty Ltd v The Silver Fox Company Pty Ltd (2005) 220 ALR 211 at [77]; Paul Masden v Agricon Pty Ltd [2014] NSWCATCD 79; Alex Pordage t/as Pattisserie Fe Fi Fo v Chrystal & Co Pty Ltd t/as Caterlink [2014] NSWCATCD 72 Category: Principal judgment Parties: Campbell Stuart Smith (applicant) Family Auto Group Pty Ltd t/as Western Auto Group (respondent) Representation: Solicitors: Mr J Thompson for the applicant Mr A Maatouk, General Manager appeared on behalf of the respondent File Number(s): MV 13/30214 Publication restriction: Nil