Barlow v General Japanese Spares Pty Ltd [2018] NSWCATAP 247

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Barlow v General Japanese Spares Pty Ltd [2018] NSWCATAP 247 Hearing dates: 2 October 2018 Date of orders: 17 October 2018 Decision date: 17 October 2018 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President R Perrignon, Senior Member Decision: (1) The appeal is upheld;

(2) Orders 2 and 3 made on 14 June 2018 are set aside and in their place the following orders are made;

(3) The respondent is to perform such work as is necessary to rectify defects in the engine so as to make the engine reasonably fit for purpose in accordance with the warranty and such work is to be completed within two months of the engine being made available to the respondent for collection from the Ultra Tune premises at Totness, and after completion of the repair work, the engine is to be returned by the respondent to such premises; and

(4) If the appellants form the opinion that order 3 has not been complied with, they may request the proceedings to be relisted before the Consumer and Commercial Division of the Tribunal for the purposes of considering whether the Tribunal should make an order for compensation to the appellants for the costs of the warranty work being conducted by another repairer, and in any event, the application is remitted to the Consumer and Commercial Division of the Tribunal for a hearing as to the appellants' claim for compensation for the expenses incurred by reason of the breach of warranty. Catchwords: APPEALS – inadequate reasons – fresh evidence SALE OF GOODS – conditions and warranties - terms of express warranty – buyer's remedies for breach Legislation Cited: Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Rachelle Barlow (Appellant) Gary Barlow (Appellant) General Japanese Spares Pty Ltd (Respondent) Representation: Self-represented File Number(s): AP 18/31047 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 14 June 2018 Before: D Ash, General Member File Number(s): MV 18/02274