Elivir Halilovic v Prestige Motor Sport Sydney Pty Ltd trading as Prestige Motor Haus Sydney [2018] NSWCATCD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Elivir Halilovic v Prestige Motor Sport Sydney Pty Ltd trading as Prestige Motor Haus Sydney [2018] NSWCATCD 4 Hearing dates: 7 November 2017 Date of orders: 19 January 2018 Decision date: 19 January 2018 Jurisdiction: Consumer and Commercial Division Before: D G Charles, Senior Member Decision: (1) Leave to amend the application is refused;

(2) The application is dismissed;

(3) No order as to costs (with the intent that each party is to bear their own costs of the application) Catchwords: CONSUMER CLAIM – whether a used Ferrari motor vehicle was of acceptable quality and fit for purpose – whether 'major failure' under Australian Consumer Law NSW (ACL NSW) – whether applicant has a remedy under ACL NSW – damages for breach of contract – causation of loss – whether the consumer mitigated his loss

COSTS – no special circumstances. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Competition and Consumer Act 2010 Fair Trading Act 1987 Motor Dealers and Repairers Act 2013 The Australian Consumer Law NSW (ACL NSW) Cases Cited: Burns v Corbett [2017] NSWCA 3 Castle Constructions Pty Ltd v Fekula Pty Ltd [2006] NSWCA 133 Christopher Hill Ltd v Ashington Piggeries Ltd [1972] AC 441 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Mergerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Safi v Heartland Motors t/as Heartland Chrysler [2016] NSWCATAP 80 (11 April 2016) Sotoris Shipping Inc and Aeco Maritime S.A. v Sameiet Solholt (The 'Solholt') (1983) 1 Lloyds Rep 606 Category: Principal judgment Parties: Elivir Halilovic (Applicant)