O’Neill v Country Motor Company [2018] NSWCATCD 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Neill v Country Motor Company [2018] NSWCATCD 76 Hearing dates: 12; 13 September 2018 Date of orders: 22 November 2018 Decision date: 22 November 2018 Jurisdiction: Consumer and Commercial Division Before: J Smith, Senior Member Decision: 1. The respondent, Country Motor Company Pty Ltd, shall pay to the applicant, Collin O'Neill the sum of $68,490 immediately. 2. The applicant, Collin O'Neill, shall within 7 days of receipt of payment under the above order return to the respondent, Country Motor Company Pty Ltd one Avida Sapphire caravan, the subject of this claim. 3. If any party seeks an order as to costs, leave is granted for that party to file and serve a short written submission on that issue only within 14 days of the date of these orders. 4. Leave is granted for the other party to file and serve a short written submission in reply within a further period of seven days. 5. In any such submission the parties are to indicate whether they wish to have a hearing on the issue of costs or are content for the Tribunal to deal with the issue "on the papers". Legislation Cited: Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Motor Dealers and Repairers Act 2013 Cases Cited: Ferraro v DBN Holdings Australia Pty Ltd [2015]FCA 117 Kadiroglu v Australian Motor Homes Pty Ltd and Knotts Investments Pty Ltd t/as AVIDA RVs [2018]NSWCATCD 21 Knott Investments Pty Ltd v Winnebago Industries, Inc (No 2) [2013] FCAFC 117 Marsden v Amalgamated Television Services [2001]NSWSC 510 Palavi v Queensland Newspapers Pty Ltd [2011]NSWSC 274 Vautin v BY Winddown, Inc (formerly Bertram Yachts)(No 4) [2018] FCA 426 Category: Principal judgment Parties: Collin O'Neill (Applicant) Country Motor Company Pty Ltd (ACN 002 189 228) (Respondent) Representation: Mr Chatterjee, counsel for the applicant Mr Vernier, counsel for the respondent File Number(s): MV 17/19876 Publication restriction: Nil