Burton v Chad One Pty Ltd [2015] NSWCATAP 88

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burton v Chad One Pty Ltd [2015] NSWCATAP 88 Hearing dates: 31 March 2015 Date of orders: 12 May 2015 Decision date: 12 May 2015 Jurisdiction: Appeal Panel Before: M Chesterman, Principal member S Thode, Senior Member Decision: 1. The appeal is allowed. 2. The matter is remitted to the Tribunal to be decided according to law. 3. The parties are to attend a directions hearing in the Consumer and Commercial Division at a date and time to be determined by the Divisional Registrar. 4. Any application for the costs of this appeal must be filed and served, with supporting submissions, within 21 days of this decision. Within a further 21 days, the opposing party is to file and serve submissions in response. Any party desiring a hearing on the question of costs must address this topic in submissions. This question will then be determined by the Appeal Panel, with or without a hearing. Catchwords: Australian Consumer Law – 'acceptable quality' – adequacy of reasons for decision – whether decision against weight of evidence Legislation Cited: Australian Consumer Law (Cth) Civil and Administrative Tribunal Act 2013 Motor Dealers Act 1974 Cases Cited: Burton v Chad One Pty Limited [2013] NSWDC 301 Collins v Urban [2014] NCATAP 17 Contact Energy Ltd v Jones [2009] 2 NZLR 830 Gregory Arthur Burton v Chad One Pty Ltd t/as Crystal Cars [2014] NSWCATCD 191 Khan v Kang [2014] NCATAP 48 Category: Principal judgment Parties: Gregory Arthur Burton (Appellant) Chad One Pty Ltd t/as Crystal Cars (Respondent) Representation: Counsel: P Batley (Appellant) G Rundle (Respondent)