Tate v Apex Autoworks and Tyres Pty Ltd [2019] NSWCATAP 70

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tate v Apex Autoworks and Tyres Pty Ltd [2019] NSWCATAP 70 Hearing dates: 14 March 2019 Date of orders: 26 March 2019 Decision date: 26 March 2019 Jurisdiction: Appeal Panel Before: The Honourable F Marks, Principal Member D Goldstein, Senior Member Decision: (1) Appeal dismissed. Catchwords: Motor vehicle consumer claim – allegation of failure to exercise due care and skill in carrying out repair and in failing to do so within a reasonable time – held necessary to bring evidence from an expert with respect to these matters – in absence of expert evidence claims failed – appeal dismissed Legislation Cited: Competition and Consumer Act 2010 (Commonwealth) Category: Principal judgment Parties: Melissa Knothe Tate and Ulf Knothe (Appellants) Apex Autoworks and Tyres Pty Ltd (Respondent) Representation: Counsel: LAH McInnis, Solicitor (Appellants) S Stewart (Respondent)

Solicitors: Stevens Vuaran Lawyers (appellants) File Number(s): AP 18/52695 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 15 November 2018 Before: C Marzilli, General Member File Number(s): MV 18/39055

REASONS FOR DECISION

Background 1. The appellants in these appeal proceedings, Melissa Knothe Tate and Ulf Knothe commenced proceedings in this Tribunal against the respondent Apex Autoworks and Tyres Pty Ltd by bringing a motor vehicle consumer claim application. In that application, the appellants sought an order that the respondent pay them $29,566 and a further order in the nature of a declaration that they did not have to pay the sum of $1500 to the respondent. 2. The appellants' application was dismissed by a Member of this Tribunal on 15 November, 2018. These reasons deal with the appellants' appeal from that decision.