Veltri v Jacay Pty Ltd [2017] NSWCATCD 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Veltri v Jacay Pty Ltd [2017] NSWCATCD 27 Hearing dates: 29 March 2017 Date of orders: 11 April 2017 Decision date: 12 April 2017 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: 1. Pursuant to sub-section 79N(a) of the Fair Trading Act 1987 the Respondent, Jacay Pty Ltd trading as NSW Automotive Wholesale, (...) is to pay Maria Caterina Veltri, (...), the sum of $500.00 by 19 April 2017. Catchwords: MOTOR VEHICLES –– claim for refund of holding deposit – where no written contract for sale of the motor vehicle had been entered into by the parties – where there was an oral agreement to purchase the motor vehicle and pay the holding deposit – where the terms upon which the motor vehicle was held and the holding deposit paid under that oral agreement are disputed between the parties – where the Tribunal must do its best to give effect to the parties oral agreement – where certainty as to the terms on which the holding deposit was paid cannot be ascertained from all the surrounding circumstances - where this term cannot be enforced in these circumstances Legislation Cited: Fair Trading Act 1989 Civil and Administrative Tribunal Act 2013 Cases Cited: Hillas and Co Ltd v Arcos (1932) 147 LT 503 Safi v Heartland Motors Pty Ltd trading as Heartland Crysler [2016] NSWAP 80 Whitlock v Brew (1968) 118 CLR 445 Category: Principal judgment Parties: Maria Caterina Veltri, Applicant Jacay Pty Ltd trading as NSW Automotive Wholesale, Respondent Representation: Applicant in person Mr Stephen Castelino, Director, for the Respodent File Number(s): MV 16/55495 Publication restriction: Nil