Tudor v Smart Buy Auto’s Pty Ltd [2019] NSWCATAP 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tudor v Smart Buy Auto's Pty Ltd [2019] NSWCATAP 142 Hearing dates: 12 March 2019 Date of orders: 06 June 2019 Decision date: 06 June 2019 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member P H Molony, Senior Member Decision: (1) Appeal allowed. (2) The decision of the Tribunal the subject of appeal is set aside and the appellant's claim is remitted for reconsideration by the Tribunal, differently constituted, with fresh evidence allowed. Catchwords: APPEAL – sale of motor vehicle by motor vehicle dealer – failure of the Tribunal to consider the appellant's claim of a breach of the statutory consumer guarantee in ss 54 and 55 of the Australian Consumer Law – appeal allowed Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Motor Dealers and Repairers Act 2013 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33 ; (1990) 170 CLR 321 Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 6 Category: Principal judgment Parties: Appellant – Michael Tudor Respondent - Smart Buy Auto's Pty Ltd Representation: Appellant – in person Respondent – Daniel Hamzi File Number(s): AP19/00328 Publication restriction: N/A Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 07 November 2018 Before: S Smith, General Member File Number(s): MV 18/36910