Smith v Origin Concepts Pty Ltd [2017] NSWCATAP 153

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v Origin Concepts Pty Ltd [2017] NSWCATAP 153 Hearing dates: 12 July 2017 Date of orders: 20 July 2017 Decision date: 20 July 2017 Jurisdiction: Appeal Panel Before: I Bailey AM SC, Senior Member D Goldstein, Senior Member Decision: 1. The appeal is allowed.

2. The decision of the Tribunal dated 26 April 2016 is set aside and this decision is substituted for it.

3. Origin Concepts Pty Ltd must pay Kenneth Smith the sum of $22,000.00 immediately.

4. Within 14 days from the date of this order Origin Concepts Pty Ltd must collect the Mitsubishi Challenger Ls (4 x 4) vehicle registration CJ61MD from Kenneth Smith at such address as is nominated by Mr Smith. Catchwords: Guarantee relating to supply of goods by description – undisclosed change of engine in vehicle sold to consumer Legislation Cited: Australian Consumer Law Civil and Administrative Act 2013 Fair Trading Act 1987 Cases Cited: John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rathchime Pty Ltd v Willat [2017] NSWCATAP 87 Vince Taskovski & Anor v Otomobile Shoppe Pty Ltd [2015] NSWCATCD 24 Yong v Antworks Pty Ltd [2016] NSWCATAP 14 Category: Principal judgment Parties: Kenneth Smith (Appellant) Origin Concepts Pty Ltd T/As OC Automotive (Respondent) Representation: The parties were self-represented File Number(s): AP 17/23684 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2017] NSWCAT (Unpublished) Date of Decision: 26 April 2017 Before: J. A. Ringrose , General Member File Number(s): MV 16/47438