JC Automotive Repairs Pty Ltd t/as JDR Motorsports & 4x4 Enhancements v John Hardy [2017] NSWSC 1218

Supreme Court New South Wales

Medium Neutral Citation: JC Automotive Repairs Pty Ltd t/as JDR Motorsports & 4x4 Enhancements v John Hardy [2017] NSWSC 1218 Hearing dates: 4 September 2017 Decision date: 12 September 2017 Jurisdiction: Common Law Before: Button J Decision: (1) The appeal of the plaintiff, JC Automotive Repairs Pty Ltd trading as JDR Motorsports & 4x4 Enhancements, is dismissed. (2) The plaintiff must pay the costs of the defendant, the respondent to the appeal John Hardy, of the proceedings before me. Catchwords: CIVIL – damage to motor vehicle while in custody of employees of plaintiff – breach of s 60 of the Australian Consumer Law – whether causation established – whether reasons adequate – whether Magistrate erred in ordering indemnity costs against plaintiff – appeal dismissed Legislation Cited: Civil Liability Act 2002 (NSW), s 5B Competition and Consumer Act 2010 (Cth), Schedule 2 Australian Consumer Law, s 60 Cases Cited: Browne v Dunn (1893) 6 R 67 House v The King (1936) 55 CLR 499 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Category: Principal judgment Parties: JC Automotive Repairs Pty Ltd t/as JDR Motorsports & 4x4 Enhancements (plaintiff) John Hardy (defendant) Representation: Counsel: N Kirby (plaintiff) A Duc (defendant)

Solicitors: Dr T Channon, Hickon's Lawyers (plaintiff) S El-Hanania, Saba El-Hanania Lawyers (defendant) File Number(s): 2017/00070585 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court Jurisdiction: Civil Date of Decision: 7 February 2017 Before: Magistrate Pierce File Number(s): 2015/00367506