Fraser v Motor Group Canberra Pty Ltd T/as Mates Rates Cars [2018] NSWCATCD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fraser v Motor Group Canberra Pty Ltd T/as Mates Rates Cars [2018] NSWCATCD 30 Hearing dates: 6 July 2018 Date of orders: 19 July 2018 Decision date: 19 July 2018 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: (1) The respondent, Motor Group Canberra Pty Ltd t/a Mates Rates Cars is to pay the applicant, Michael Fraser, the sum of $24,535.00 within 14 days of the date of these orders.

(2) The respondent is to accept the applicant's return of the Holden Colorado RG LT Utility Registration No DPV 02T motor vehicle which is currently in the respondent's possession.

(3) The applicant is to do all things necessary to transfer ownership of the Holden Colorado RG LT Utility Registration No DPV 02T motor vehicle to the respondent within 14 days of the date of these orders. Catchwords: MOTOR VEHICLES – dealer financed purchase – cooling off period – right to terminate contract during cooling off period – obligations of motor dealer on termination – obligations of purchaser on termination – linked credit provider – tied loan contract - meaning of the words "a sale of a vehicle intended to be used predominantly for business or other commercial purposes" Legislation Cited: Fair Trading Act 1987: Part 6A Motor Dealers and Repairers Act 2013: ss 68; 69; 78; 79; 80; 81; 82; 84; 85; 86; 87 Motor Dealers and Repairers Regulation 2014: rr 51 National Consumer Credit Protection Act 2009: Schedule 1: National Credit Code: clause 127 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Bunnings Group Limited (formerly Bunnings Pty LTd) v Laminex Group Limited [2006] FCA 682 Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 Miller v Minister for Pensions [1947] 2 All ER 372 Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] EWCA Civ 6 Category: Principal judgment Parties: Michael Fraser Motor Group Canberra Pty Ltd t/a Mates Rates Cars Representation: Michael Fraser in person Rahul Anand, Sales Manager, for respondent File Number(s): MV 18/17863 Publication restriction: Nil