Golding v Salloum [2016] NSWCATAP 267

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Golding v Salloum [2016] NSWCATAP 267 Hearing dates: 24 November 2016 Date of orders: 21 December 2016 Decision date: 21 December 2016 Jurisdiction: Appeal Panel Before: M Craig QC, Principal Member D Goldstein, Senior Member Decision: (1) The Appeal is dismissed (2) Leave to appeal is refused Catchwords: APPEAL – sale of motor vehicle by motor vehicle dealer – vehicle defective – refund of purchase price ordered by Tribunal – whether there was evidence upon which to determine the purchase price – question of law – evidence available to the Tribunal to determine the purchase price – no error of law – whether leave to appeal to lead additional evidence should be granted – no substantial miscarriage of justice established – leave to appeal refused Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Fair Trading Act 1987 Motor Dealers and Repairers Act 2013 Cases Cited: Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Salloum v Golding [2000] NSWCATCD 72 Category: Principal judgment Parties: Charles Golding (Appellant) Georges Salloum (Respondent Representation: Counsel:

Solicitors: M. Calf (Appellant) Respondent in person File Number(s): AP 16/41155 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 07 September 2016 Before: B Shipp, Senior Member File Number(s): MV 16/18874