White v Alto Artarmon Pty Ltd [2017] NSWCATAP 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: White v Alto Artarmon Pty Ltd [2017] NSWCATAP 164 Hearing dates: 19 June 2017 Date of orders: 02 August 2017 Decision date: 02 August 2017 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member J Kearney, Senior Member Decision: Leave to appeal is refused, and the appeal is dismissed Catchwords: APPEAL: Consumer claim – Motor vehicle repairs – Whether services provided with due care and skill – Whether services provided in reasonable time – Conduct of hearing – Cross examination – Weight given to expert report - Whether error of law – Whether substantial miscarriage of justice Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Gallo v Duflou [2014] NSWCATAP 115 Lee v Imad [2017] NSWCATAP 128 Leisure Brothers Pty Ltd v Smith [2017] NSWCATAP 11 Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Lam (2003) 214 CLR 1 Renda v Wu [2016] NSWCATAP 238 Category: Principal judgment Parties: Alistair White (Appellant) Alto Artarmon Pty Ltd trading as Alto Mitsubishi (First Respondent) Mitsubishi Motors Australia Ltd (Second Respondent) Representation: Alistair White (Appellant in person) R Fitzgerald (First Respondent) No appearance by Second Respondent File Number(s): AP 17/13153 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 17 February 2017 Before: M Eftimiou, General Member File Number(s): MV 16/50978