Wen v Mazda Australia Pty Limited [2019] NSWCATAP 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wen v Mazda Australia Pty Limited [2019] NSWCATAP 169 Hearing dates: 18 June 2019 Date of orders: 10 July 2019 Decision date: 10 July 2019 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Goldstein, Senior Member Decision: 1. Leave to Appeal is refused.

2. Appeal dismissed. Catchwords: CONSUMER CLAIM – Section 54 of the Australian Consumer Law – challenge to acceptance of expert opinion – no competing expert opinion – onus of proof not satisfied – no appellable error shown Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Uniform Civil Procedural Rules 2005 Cases Cited: John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Lixia Wen (Appellant) Mazda Australia Pty Limited and West End Motor Group Pty Ltd (Respondents) Representation: L Wen (Appellant self-represented) Mazda Australia Pty Limited and West End Motor Group Pty Ltd (Respondents self-represented) File Number(s): AP 19/16294 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: Not applicable Date of Decision: 07 March 2019 Before: P Boyce, Senior Member File Number(s): MV 18/29377