Darren Cornish v CSJ Motor Group Pty Ltd t/as Western Wholesale Commercials [2017] NSWCATCD 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Darren Cornish v CSJ Motor Group Pty Ltd t/as Western Wholesale Commercials [2017] NSWCATCD 95 Hearing dates: 1 November 2017 Date of orders: 28 November 2017 Decision date: 28 November 2017 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose – General Member Decision: 1. The respondent is, at its own cost, to cause the following work to be carried out on or before 15 December 2017:

(a) replace the wiring harness in the applicant's Holden Colorado utility registration number BG 12 VV with a new wiring harness. (b) carry out such work as may be necessary to avoid the brakes of the vehicle from grabbing on slow driving and to address any faults in the ABS system of the vehicle. (c) the work is to be undertaken by suitably qualified tradespersons in Coffs Harbour and is to be paid for by the respondent. Catchwords: Motor Vehicles – consumer claim – remedies for breach of consumer guarantees – where the major failure - Legislation Compensation and Consumer Act 2010 (CTH), Consumer Claims Act 1998, Fair Trading Act 1987. Cases Cited: Bunnings Group Limited (formerly Bunnings Pty Ltd) v Laminex Group Limited [2006] FCA 682 Safi v Heartland Motors Pty Ltd t/as Heartland Chrysler [2016] NSW CATAP 80 Cary Boyd v Agrison Pty Ltd [2014] VMC 23 Category: Principal judgment Parties: Darren Cornish – Applicant CJS Motor Group Pty Ltd t/as Western Wholesale Commercials – Respondents Representation: The applicant appeared in person Mr Javian appeared for the respondent File Number(s): MV 17/25235 Publication restriction: Nil