Vince Taskovski & Anor v Otomobile Shoppe Pty Ltd [2015] NSWCATCD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vince Taskovski & Anor v Otomobile Shoppe Pty Ltd [2015] NSWCATCD 24 Hearing dates: 23 January 2015 Decision date: 03 March 2015 Jurisdiction: Consumer and Commercial Division Before: J Levingston, General Member Decision: The applicant is granted leave to renew the application pursuant to the Civil and Administrative Tribunal Act 2013 Schedule 4 clauses 3 and 8. The respondent is to pay the applicant the sum of $40,000.00 within 28 days of the date of this Order. The applicant is to make the motor vehicle available for collection at his address by the respondent in Melbourne, at the cost of the respondent. If the respondent does not collect the motor vehicle from the applicant within 28 days of the date of this Order, the applicant may dispose of the motor vehicle by sale and account to the respondent for the proceeds of the sale after deduction of the reasonable costs of selling. Catchwords: Sale of second hand Audi motor vehicle – defects – applicant immediately returns vehicle to dealer - dealer agrees to rectify defects including replace engine of vehicle – defects not rectified – misleading and deceptive conduct - Audi engine replaced with Volkswagen engine – breach of agreement to rectify – breach of orders made by consent – vehicle not roadworthy - breach of statutory guarantees in Australian Consumer Law - renewal of proceedings application - further rectification order not an adequate remedy – compensation Legislation Cited: Australian Consumer Law (NSW) 2013 ss18, 54, 56 and 236 Civil and Administrative Tribunal Act (NSW) 2013, ss28, 29 and Schedule 4 clauses 3 and 8 Fair Trading Act (NSW) 1987 ss27, 28, 30 and 32 Motor Dealers Act (NSW) 1974 s27 Cases Cited: Fleetman Pty Ltd v Cairns Pty Ltd [2005] FCAFC 80 Treloar v Ivory (1991) ASC 56-076; ATPR 41-123 Category: Principal judgment Parties: Vince and Suzanna Taskovski (applicants) Otomobile Shoppe Pty Ltd (respondent) Representation: Parties appeared in person File Number(s): MV 14/55303 Publication restriction: Nil