Brian Lauer and Carmen Lauer t/a Grand Prix Motors v Sam Rayment [2015] NSWCATAP 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brian Lauer and Carmen Lauer t/a Grand Prix Motors v Sam Rayment [2015] NSWCATAP 32 Hearing dates: 4 February 2015 Date of orders: 05 March 2015 Decision date: 05 March 2015 Jurisdiction: Appeal Panel Before: D Robinson, Principal Member K. Rosser, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed 3. The stay order made on 12 November 2014 is lifted. Catchwords: Civil and Administrative Tribunal Act 2013- Schedule 4 Clause 12 - Significant new evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Brian Lauer and Carmen Lauer (Appellants) Sam Rayment (Respondent) Representation: Mr Brian Lauer (Appellant) in person

Mr Jacobs of counsel (Respondent) File Number(s): AP 14/54053 Publication restriction: None Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 16 October 2014 Before: C Bradford, Member File Number(s): MV 14/35350

REASONS FOR DECISION

Introduction 1. Mr Rayment purchased a motor vehicle from Mr and Mrs Lauer, trading as Grand Prix Motors, in April 2014. A short time after purchase the vehicle ceased to function and according to Mr Rayment requires extensive repairs. 2. Mr Rayment made a claim for the cost of repairs and incidental costs and on 16 October 2014 the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (NCAT), ordered Mr and Mrs Lauer to pay $12,018.00 to Mr Rayment. 3. Mr Lauer, on behalf of Grand Prix Motors, now seeks leave to appeal that decision. He states that he has new evidence to establish that the vehicle is not defective. For the reasons stated below, the Appeal Panel determined not to grant leave and dismissed the appeal.