Pate v Neich Holdings Pty Ltd t/as Sydney Vehicle Sales [2018] NSWCATCD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pate v Neich Holdings Pty Ltd t/as Sydney Vehicle Sales [2018] NSWCATCD 16 Hearing dates: 28 September 2017; 21 December 2017 Date of orders: 07 May 2018 Decision date: 07 May 2018 Jurisdiction: Consumer and Commercial Division Before: G.J Sarginson, Senior Member Decision: (1) The respondent, Neich Holdings Pty Ltd t/as Sydney Vehicle Sales is to pay the applicant Lindsay Pate $500.00 immediately.

(2) The respondent is to repair the vehicle the respondent sold to the applicant Ford Ranger Registration Number XXX XXX-XXX XXXXXXXXXXXXXXXXX using suitably licensed tradespersons and with due care and skill as follows:

(a) Remove any rust from the floorpan of the vehicle.

(b) Remove any rust from the chassis of the vehicle.

(c) Remove any rust from the suspension components of the vehicle.

(d) Remove any rust from mudguards and lower sills of the vehicle.

(e) Replace any bolts or fittings on the floorpan, suspension, and chassis of the vehicle that are significantly rust affected and require replacement.

(f) Apply an anti-corrosive/anti-rust treatment to the floorpan, chassis, mudguards, suspension components, and lower sills of the vehicle.

(g) Repair and repaint any sections of sills and mudguards that have had rust removed.

(3) The repairs in order 2 above are to be completed on or before 5 weeks from the date of this decision.

(4) In respect of the repairs in order 2 above, the applicant is to make the vehicle available for collection by the respondent. The respondent is to arrange collection and return of the vehicle to the applicant. The cost of repairs (including collection and return of the vehicle) is to be the responsibility of the respondent. Catchwords: Consumer Claim---Motor vehicles---Whether vehicle of acceptable quality---Whether misleading or deceptive conduct by motor dealer---Modification and damage to vehicle after purchase---Remedies---Repair to vehicle---Scope of order Legislation Cited: Australian Consumer Law 2010 Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Motor Dealers and Repairers Act 2013 Cases Cited: Australian Rong Hua Fu Pty Ltd v Ateco Automotive [2015] VCAT 756 Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60; (2004) 218 CLR 592 Howe v Teefy (1927) 27 SR (NSW) 301 Lam v Steve Jarvin Motors Ltd [2016] NSWCATAP 186 McCrohon v Harith [2010] NSWSC 67 Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Limited [2010] HCA 31; (2010) 241 CLR 357 Perpetual Trustee Company Ltd and Anor v Ishak [2012] NSWSC 697 Safi v Heartland Motors Pty Ltd t/as Heartland Chrysler [2016] NSWCATAP 80 Category: Principal judgment Parties: Applicant: Lindsay Pate