Strajman v Body & Anr [2015] NSWCATAP 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Strajman v Body & Anr [2015] NSWCATAP 151 Hearing dates: 8 April 2015 Date of orders: 24 July 2015 Decision date: 24 July 2015 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member P H Molony, Senior Member Decision: Appeal allowed in part; The orders made by the Tribunal on 23 January 2015 are varied as follows: The respondent Bernadino Javier Strajman is to pay the applicants Norm Body and Rebecca Body the sum of $5466.00; the amount in order (a) is to be paid on or before 31 July 2015 ; on or before 31 July 2015, the applicants are to make available for collection by the respondent, at the respondent's cost, Holden Astra motor vehicle registration number XXXX, VIN XXXX. The stay previously granted by the Appeal Panel is lifted. Catchwords: Consumer claim – sale of second hand motor vehicle by licenced motor without a statutory warranty and without an inspection report following re-registration of vehicle – obligation of motor dealer to provide inspection report – inadequate reasons for decision – obligation on Tribunal to consider return of vehicle to motor dealer when a full refund is ordered. Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Consumer Claims Act 1998 Motor Dealers Act 1974 Motor Dealers Regulation 2010 Road Transport Act 2013 Cases Cited: Addis v Gramophone Co Ltd [1909] AC 48 Butler v Fairclough (1917) 23 CLR 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Robinson v Harman [1848] 1 Ex 850 Category: Principal judgment Parties: Appellant – Bernadino Javier Strajman Respondents – Norm and Patricia Body Representation: Appellant - M Alvez (agent)