Ace Action Motors Pty Ltd v Hoblos [2015] NSWCATAP 199

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ace Action Motors Pty Ltd v Hoblos [2015] NSWCATAP 199 Hearing dates: 14 September 2015 Date of orders: 21 September 2015 Decision date: 21 September 2015 Jurisdiction: Appeal Panel Before: The Hon D Cowdroy OAM QC, Principal Member Mr R C Titterton, Senior Member Decision: Leave to appeal granted.

The appeal is dismissed.

The stay of the order of the Tribunal of 1 June 2015 is lifted.

The appellant is to pay the respondent's costs of appeal. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – application for leave to appeal – no question of principle WARRANTIES - Application of warranties contained in Australian Consumer Law to motor vehicles purchased in NSW – effect of warranties in Motor Dealers Act 1974 Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Motor Dealers Act 1974 Cases Cited: Burton v Chad One Pty Ltd [2013] NSWDC 301 Burton v Chad One Pty Ltd [2015] NSWCATAP 88 Category: Principal judgment Parties: Ace Action Motors Pty Ltd (Appellant) Ms Raian Hoblos (Respondent) Representation: Mr Stonham, solicitor, for the appellant Mr Attia, solicitor, for the respondent File Number(s): AP 15/39065 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: NA Date of Decision: 1 June 2015 Before: C Bradford, General Member File Number(s): MV 15/10438