Gergs v Arslan t/as B&D Car Gallery [2015] NSWCATAP 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gergs v Arslan t/as B&D Car Gallery [2015] NSWCATAP 91 Hearing dates: 20 January 2015 Date of orders: 20 May 2015 Decision date: 20 May 2015 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President M, Harrowell, Principal Member Decision: Appeal dismissed Each party is to pay their own costs of the appeal unless an application for costs is made in writing to the Tribunal within 7 days from the date of these orders. Catchwords: Illegal contracts – construction of statute Implied terms – necessary to give business efficiency or give effect to a bargain Legislation Cited: Motor Dealers and Repairers Act, 2013 Cases Cited: Yango Pastoral Company Pty Ltd v First Chicago Australia Ltd [1978] HCA 42 (1978) 139 CLR 410 Tonkin v Cooma-Monaro Shire Council [2006] NSWCA 50 Fitzgerald v F J Leonhardt Pty Ltd [1997] HCS 17; (1997) 189 CLR 215; (1997) 143 ALR 569; (1997) 71 ALJR 653 Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd [1979] HCA 51; (1979) 144 CLR 596 BP Refinery (Westernport) Pty Ltd v Hastings Shire [1977] UKPCHCA 1; (1994) 180 CLR 266 Texts Cited: Nil Category: Principal judgment Parties: Appellant: Peter Gergs Respondent: Barry Arslan t/as B&D Car Gallery Representation: Counsel: Not applicable

Solicitors: Appellant: Mr McAuliffe Respondent: In person File Number(s): AP 14/49388 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales; Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 5 September 2014 Before: C Bradford, General Member File Number(s): MV 14/39339