GM Holden Ltd v Scicluna Facade Design Pty Ltd [2018] NSWCATAP 292

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GM Holden Ltd v Scicluna Facade Design Pty Ltd [2018] NSWCATAP 292 Hearing dates: 19 November 2018 Date of orders: 07 December 2018 Decision date: 07 December 2018 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member Dr J Lucy, Senior Member Decision: (1) Appeal dismissed. (2) Leave to appeal refused. (3) Stay of 9 October 2018 revoked. (4) Appellants to file any submissions on costs on or before 10 December 2019. (5) Each party may respond on or before 17 December 2019. Catchwords: CONTRACT LAW – Australian Consumer Law – consumer guarantees – finding of major failure - no expert evidence – no error of law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Australian Consumer Law Civil and Administrative Tribunal Rules 2014 (NSW) Road Rules 2014 (NSW) Cases Cited: Alliance Motor Auctions Pty Ltd v Saman [2018] NSWCATAP 137 Andy and Patrick Floor Covering Pty Ltd t/as Silver Trading Timber Floor v Li [2018] NSWCATAP 172 Collins v Urban [2014] NSWCATAP 17 Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Halsbury's Laws of Australia (Online Edition), Category: Principal judgment Parties: G M Holden Ltd (First Appellant) Central Coast Automotive Pty Ltd t/as Central Coast Holden (Second Appellant) Scicluna Façade Design Pty Ltd (Respondent) Representation: Mr D Crooke (Senior After Sales Business Development Manager) (First Appellant) Dr Davies (Proprietor) (Second Appellant) Mr Drake (Solicitor) (Respondent) File Number(s): AP 18/36597 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 8 August 2018 Before: K Clark, General Member File Number(s): MV 18/17692