Solomons v Valley Motor Auctions Pty Ltd & New Model Wreckers Pty Ltd [2016] NSWCATCD 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Solomons v Valley Motor Auctions Pty Ltd & New Model Wreckers Pty Ltd [2016] NSWCATCD 63 Hearing dates: 24 May 2016 Decision date: 26 July 2016 Jurisdiction: Consumer and Commercial Division Before: DAC Robertson, Senior Member Decision: 1. Application dismissed.

2. The Applicant is to pay the Respondents' costs of the proceedings (if any) as agreed or assessed Catchwords: CONSUMER CLAIMS – Consumer Guarantees – sale of motor vehicle − whether sale by auction – fitness for purpose – whether the applicant relied upon the skill and judgment of the respondent − whether replacement engine provided at no charge "supplied" by respondents – words and phrases "auction", "supply" Legislation Cited: Australian Consumer Law Fair Trading Act 1987 Motor Dealers and Repairers Act 2013 Competition and Consumer Act 2010 (Cth) Civil and Administrative Tribunal Rules 2014 Cases Cited: Smythe v Thomas (2007) 71 NSWLR 537 Tender Centre Pty Ltd v The Director General, Department of Fair Trading [2001] NSWSC 153 Texts Cited: Nil Category: Principal judgment Parties: Christine Solomons: Applicant Valley Motor Auctions Pty Ltd: First Respondent New Model Wreckers Pty Ltd: Second Respondent Representation: Christine Solomons: In person Valley Motor Auctions Pty Ltd: Mr Peter Helliar – Sales Representative New Model Wreckers Pty Ltd: David Balkejian – General Manager File Number(s): MV 15/63451 Publication restriction: Nil