MacCaul v EFI Direct Pty Ltd t/as the Toy Shop Auto Imports [2015] NSWCATAP 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MacCaul v EFI Direct Pty Ltd t/as the Toy Shop Auto Imports [2015] NSWCATAP 102 Hearing dates: Determined on the papers Date of orders: 03 June 2015 Decision date: 03 June 2015 Jurisdiction: Appeal Panel Before: P.M. Wass SC, Senior Member G.M. Meadows, Senior Member Decision: (1)Leave to appeal refused. (2)Appeal dismissed. (3)The order of the Tribunal ordering that the Respondent pay to the Appellant the sum of $1203.40 is confirmed. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – faulty motor vehicle – consumer – application for leave to appeal – leave not granted – appeal dismissed – costs Legislation Cited: Australian Consumer Law 2010 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Consumer Claims Act 1998 (NSW).ss 18, 54, 55, 56 Civil and Administrative Tribunal Act 2013 (NSW) Competition and Consumer Act 2010 (NSW) Criminal Appeal Act 1912 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Mraz v The Queen [1955] HCA 59; (1955) 93 CLR 493 Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Allan MacCaul – Appellant EFI Direct Pty Ltd trading as the Toy Shop Auto Imports – Respondent Representation: Counsel: Not applicable

Solicitors: Prime Lawyers (Appellant) Not applicable (Respondent) File Number(s): AP 14/46467 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 30 May 2014 Before: D Moss, General Member File Number(s): MV 14/17816