Ace Action Motors Pty Ltd v Cooper [2017] NSWCATAP 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ace Action Motors Pty Ltd v Cooper [2017] NSWCATAP 119 Hearing dates: 9 March 2017 Date of orders: 25 May 2017 Decision date: 25 May 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Senior Member Decision: 1) Leave to appeal is granted in respect of the award of damages for repairs to the wiper blades and two tyres of the respondent's vehicle.

2) The appeal in respect of the award made for the wiper blades and two tyres is allowed.

3) Order 1 made by the Tribunal on 7 November 2016 in application MV 16/34049 is varied to read as follows:

1. The respondent, Ace Action Motors Pty Ltd is to pay the applicant, Patrick Cooper the sum of $4200 within 7 days of the date of this order. Catchwords: Claim for breach of consumer guarantee under the Australian Consumer Law (NSW), leave to appeal, no issue of principle. Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rule 2014 Motor Dealers and Repairers Act, 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: Ace Action Motors Pty Ltd (Appellant) Patrick Cooper (Respondent) Representation: Counsel: I Jamal (Appellant) By Phone (Respondent)

Solicitors: Abbas & Co Lawyers (Appellant) File Number(s): AP 16/52847 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 7 November 2016 Before: P French, General Member File Number(s): MV 16/34049