Central West Autos Pty Ltd v Boyd [2016] NSWCATAP 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Central West Autos Pty Ltd v Boyd [2016] NSWCATAP 102 Hearing dates: 11 March 2016 Date of orders: 12 May 2016 Decision date: 12 May 2016 Jurisdiction: Appeal Panel Before: P Callaghan SC, Principal Member D Robertson, Senior Member Decision: 1. Leave to Appeal refused. 2. Appeal dismissed. 3. The stay of the orders made by the Tribunal on 20 November 2015 granted on 7 December 2015 is lifted. 4. Orders 1 and 2 made on 20 November in Proceedings MV15/47226 are varied to be as follows: 1. Central West Autos Pty Ltd 180-182 Peisley Street Orange NSW 2800 Australia is to pay Clarissa Boyd ***, Cowra, NSW 2794 Australia the sum of $8,896.00 immediately. Particulars: • Refund of purchase price paid - $6500 • Interest paid by applicant to date on loan obtained for purchase - $2396. 2. Central West Autos Pty Ltd may make such arrangements as it may see fit with respect to the collection of the subject vehicle being Jeep Grand Cherokee registration BFV63L from its present location. Any claim by any third party in respect of storage fees or otherwise relating to the vehicle is a matter for Central West Autos Pty Ltd to deal with.

5. The orders made on 20 November in Proceedings MV15/47226 are further varied by the addition of the following additional orders: 3. Central West Autos Pty Ltd shall pay to Clarissa Boyd the interest component of all payments made by Clarissa Boyd to Money3 Loans Pty Ltd after 20 November 2015 in respect of the loan by which the purchase of the vehicle was financed, less such amounts as have accrued pursuant to Rule 39 of the Civil and Administrative Tribunal Rules on the sum payable pursuant to Order 1. For the avoidance of doubt it is noted that interest accrued pursuant to Rule 39 will remain payable, the intent of this order being to avoid Central West Autos being obliged to pay interest twice in respect of the same obligation). 4. (a) Central West Autos Pty Ltd may make payments to Money3 Loans Pty Ltd in satisfaction of Order 1 above. (b) The amount so paid shall not exceed the amount required to discharge the loan from Money3 Loans Pty Ltd to Clarissa Boyd by which the purchase of the vehicle was financed.