WaxHed Incorporated Pty Ltd v Empire Real Estate Australia Ltd [2018] NSWCATAP 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: WaxHed Incorporated Pty Ltd v Empire Real Estate Australia Ltd [2018] NSWCATAP 47 Hearing dates: 31 January 2018 Date of orders: 21 February 2018 Decision date: 21 February 2018 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member S Thode, Senior Member Decision: 1. The appeal is allowed.

2. The order made by the Tribunal that the appellant pay the respondent the sum of $27,597.85 is quashed.

3. The respondent is to pay the appellant the sum of $24,597.85 within 14 days of this date and is to notify the appellant of an address for delivery of the vehicle within 14 days of this date.

4. Conditional upon and within 14 days of receipt of the sum of $24,597.85, the appellant is, at its cost, to have the vehicle transported to the respondent at the delivery address provided by it Catchwords: Appeal – consumer claim – Australian Consumer Law (NSW) – whether major failure of breach of consumer guarantee- remedies for breach of consumer guarantees – excessive consumption of oil-vehicle repaired– Tribunal failed to give reasons- appeal upheld - matter determined in lieu of remittal- orders made Legislation Cited: Civil and Administrative Tribunal Act Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) Cases Cited: Safi v Heartland Motors Pty Ltd t/as Heartland Chrysler [2016] NSWCATAP 80 Category: Principal judgment Parties: WaxHed Incorporated Pty Ltd (Appellant) Empire Real Estate Australia Ltd (Respondent) Representation: A Hall, General Manager (Appellant) S Sapra, Director (Respondent) File Number(s): AP 17/44068 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 27 September, 2017 Before: R Harris General Member File Number(s): MV 16/52797