Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 Hearing dates: 27 June 2016 Date of orders: 22 August 2016 Decision date: 22 August 2016 Jurisdiction: Appeal Panel Before: Wright J, President S Westgarth, Deputy President J Harris SC, Senior Member Decision: (1) The appeal is allowed. (2) Orders 1 and 2 made on 12 February 2016 in proceedings MV15/31728 are set aside. (3) Steve Jarvin Motors Pty Ltd is to pay to Mr Katuan Lam the sum of $40,236.99 within 14 days of the date of these orders. (4) If Mr Lam has possession of the Qashqai motor vehicle, registration number YCP 53J, at the date of these orders, he is to return the vehicle by delivering it to the business premises of Steve Jarvin Motors Pty Ltd within 7 days of the payment to him of the sum referred to in preceding order 3. (5) Steve Jarvin Motors Pty Ltd is to pay Mr Lam's costs of and incidental to the proceedings at first instance as agreed or assessed under the applicable costs assessment legislation. (6) Steve Jarvin Motors Pty Ltd is to pay Mr Lam's costs of and incidental to this appeal as agreed or assessed under the applicable costs assessment legislation. (7) Otherwise, each party is to bear its own costs. Catchwords: CONSUMER LAW – whether the Tribunal has jurisdiction to grant relief in the case of failure to comply with consumer guarantees arising under Australian Consumer Law (NSW) – Tribunal may have jurisdiction under the Consumer Claims Act 1998 when claims "consumer claims"