O’Neill v Country Motor Company Pty Ltd [2019] NSWCATAP 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Neill v Country Motor Company Pty Ltd [2019] NSWCATAP 129 Hearing dates: 7 March 2018 Date of orders: 21 May 2019 Decision date: 21 May 2019 Jurisdiction: Appeal Panel Before: A Bell SC, Senior Member S Thode, Senior Member Decision: 1. The Amended Notice of Appeal in AP 18/52118 is dismissed. 2. Order that CMC pay Mr O'Neill's costs of AP18/52118, as agreed or assessed. 3. The Amended Notice of Appeal in AP 18/53523 is dismissed. 4. Order that Mr O'Neill pay 25% of CMC's costs of AP18/53523, as agreed or assessed Catchwords: CONSUMER LAW – consumer guarantees – major defect – rejection of goods - rejection period pursuant to 262(2) of the Australian Consumer Law Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 Vautin v BY Winddown, Inc. (No. 4) (2018) 362 ALR 702; [2018] FCA 426 Category: Principal judgment Parties: C O'Neill (Appellant) Country Motor Company Pty Ltd (Respondent) Representation: Counsel: I Chatterjee (Appellant) A Vernier (Respondent) File Number(s): AP 18/52118; AP 18/53523 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2018] NSWCAT Date of Decision: 22 November 2018 Before: Senior Member J Smith File Number(s): MV 17/19876