Hurst v Prestige Auto Traders [2016] NSWCATAP 233

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hurst v Prestige Auto Traders [2016] NSWCATAP 233 Hearing dates: 6 September 2016 Date of orders: 28 October 2016 Decision date: 28 October 2016 Jurisdiction: Appeal Panel Before: K P O'Connor, AM, ADCJ, Deputy President, Appeals K Rosser, Principal Member Decision: (1) Leave to appeal on grounds other than questions of law is refused. (2) Appeal dismissed. Catchwords: CONSUMER LAW – Sale of used motor vehicle by auction – Information provided by auctioneer prior to auction – Whether misrepresentation – Tribunal held not – Appeal – No error of law – Procedural fairness – Non-consideration of appellant's written submissions filed as permitted after hearing – held non-consideration would not have affected outcome of case – appeal dismissed. Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Motor Dealers Act 1974 Cases Cited: Haritos v Commissioner of Taxation [2015] FCAFC 92 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Category: Principal judgment Parties: Genene Hurst, Daniel Hurst and Bowen Cornish (Appellants) Prestige Auto Traders Pty Ltd (Respondent) Representation: In person (First Appellant) Solicitors: MAS Lawyers (Respondent) File Number(s): GEN 16/31763 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 03 June 2016 Before: S De Jersey, Member File Number(s): MV 16/12166