Munday v Empire Auto Group Pty Ltd [2019] NSWCATAP 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Munday v Empire Auto Group Pty Ltd [2019] NSWCATAP 52 Hearing dates: 27 February 2019 Date of orders: 12 March 2019 Decision date: 12 March 2019 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Charles, Senior Member Decision: (1) The appeal is dismissed. Catchwords: Appeal – error of law – breach of guarantee of acceptable quality – Australian Consumer Law (NSW) Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Cases Cited: Matumaini v Automobile Industries Pty Ltd [2017] NSWCATAP 93 Medtel Pty Limited v Courtney [2003] FCAFC 151 Texts Cited: Nil Category: Principal judgment Parties: Kayla Munday (Appellant) Empire Auto Group Pty Ltd (Respondent) Representation: Solicitors: K Wu (Appellant) Legal Aid NSW

Other: N Kitnar (Administration Manager – Respondent) File Number(s): AP 18/51885 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 25 October 2018 Before: G Kinsey, General Member File Number(s): MV 18/32389