Cohen v Woolworths Ltd [2018] NSWCATCD 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cohen v Woolworths Ltd [2018] NSWCATCD 11 Hearing dates: 12 March 2018 Date of orders: 24 April 2018 Decision date: 24 April 2018 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: 1 The Respondent, Woolworths Ltd, 1 Woolworths Way Bella Vista NSW 2153 Australia, is to pay the Applicant, Peter Cohen, 10 Freya Crescent Shalvey NSW 2770 Australia, the sum of $2,316.50 within 14 days of the date of these orders.

2 The claim is otherwise dismissed. Catchwords: CONSUMER CLAIM – alleged supply of particle contaminated fuel – where contamination caused motor vehicle engine failure – claim for costs of cleaning fuel lines and engine repairs – claim for travel costs during period motor vehicle inoperative

COSTS – special circumstances – cost of fuel analysis report Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Fuel Standards Management Act 2000 Cases Cited: Alexander James Pty Ltd v Pozetu Pty Ltd (No. 2) [2016] NSWCATAP 75 Briginshaw v Briginshaw (1938) 60 CLR 336 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Farquar & Farquar (No. 2) [2008] FamCA 682 Hadley v Baxendale [1854] 9 Ex 341 Medtel Pty Limited v Courtney 198 ALR 630 Miller v Minister for Pensions [1947] 2 All ER 372 Profitability Consulting Pty Ltd v Thorpe [2018] NSWCATAP 41 Nguyen & Anor v Perpetual Trustee Company Ltd; Perpetual Trustee Company Ltd v Nguyen & Anor (No.2) [2016] NSWCATAP 168 Category: Principal judgment Parties: Mr Peter Cohen (applicant) Woolworths Ltd (respondent) Representation: Applicant in person Mr Soham Lakhia, Acting Supply Chain Manager, for Respondent File Number(s): GEN 17/45137 Publication restriction: Nil