Freestone Auto Sales Pty Ltd v Musulin [2015] NSWCA 160

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Freestone Auto Sales Pty Ltd v Musulin [2015] NSWCA 160 Hearing dates: 16 February 2015 Decision date: 11 June 2015 Before: McColl JA at [1]; Ward JA at [2]; Simpson J at [3] Decision: (1) The order of the District Court on 18 December 2013 is quashed;

(2) The first respondent's appeal from the Consumer, Trader and Tenancy Tribunal to the District Court is dismissed;

(3) The first respondent is to pay the applicant's costs of and incidental to the proceedings in the District Court;

(4) The first respondent is to reimburse the applicant in the sum of $5132 paid in compliance with the orders of the District Court of 18 December 2013;

(5) The first respondent is to pay the applicant's costs of and incidental to the proceedings in this Court and have a certificate under the Suitors' Fund Act 1951 (NSW), if otherwise qualified. Catchwords: SUMMONS - Supreme Court Act 1970, s 69 - application to quash decision of District Court - appeal to District Court from Consumer, Trader and Tenancy Tribunal - appeal lies where Tribunal decides a question with respect to a matter of law - District Court erred in law - appeal never properly determined - whether appropriate to remit to District Court - assessment of realistic prospects of success if remitted

MOTOR VEHICLE - vehicle a "repairable write off" - Competition and Consumer Act 2010 (Cth), Sch 2, s 18 and s 54 - conduct of applicant not misleading or deceptive - statutory guarantee as to acceptable quality - remittal to the District Court unlikely to be successful - decision of the District Court quashed - first respondent's appeal from the CTTT to District Court dismissed