Ross Hereford v Automobile Direct Wholesale Pty Ltd [2015] NSWCATCD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ross Hereford v Automobile Direct Wholesale Pty Ltd [2015] NSWCATCD 58 Hearing dates: 12 March 2015 Decision date: 10 April 2015 Jurisdiction: Consumer and Commercial Division Before: G.J. Sarginson General Member Decision: 1. The respondent, Automobile Direct Wholesale Pty Ltd is to conduct repairs to the applicant's vehicle, at no cost to the applicant, in a proper and workmanlike manner, as follows: i. Eliminate oil leaks at front of motor; ii. Replace or repair faulty timing belt tensioner; iii. Conduct all necessary repairs to eliminate water in oil of the vehicle, and repair all damage to the motor caused by the internal water leak from the cylinder heads of the engine. 2. The repairs in order 1 above are to be completed on or before 2 May 2015. The vehicle is to be collected by the respondent and returned to the applicant's premises after being repaired. The parties are to agree on a suitable date for when the vehicle can be collected. Catchwords: Motor vehicles-Consumer guarantees-Acceptable quality-Major failure-Remedies Legislation Cited: Consumer Claims Act 1998 ss 3, 3A, 7, 8, 13 Australian Consumer Law 2010 ss 18, 54, 259, 260, 262 Motor Dealers Act 1974 Motor Dealers and Repairers Act 2013 Cases Cited: Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 at 198 Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 at [26]-[29] Poulet Frais Pty Ltd v The Silver Fox Company Pty Ltd (2005) 220 ALR 211 at [77] Category: Principal judgment Parties: Ross Herford (applicant) Aubomible Direct Wholesale Pty Ltd (respondent) Representation: Applicant in person Respondent: Ms T Bakhos, Manager File Number(s): MV 14/52745 Publication restriction: Nil