Mr Car Proprietary Ltd v Archer [2019] NSWCATAP 275

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mr Car Proprietary Ltd v Archer [2019] NSWCATAP 275 Hearing dates: 28 October 2019 Date of orders: 19 November 2019 Decision date: 19 November 2019 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Robertson, Senior Member Decision: Leave to appeal refused and appeal dismissed. Catchwords: APPEAL – sale of second hand motor vehicle – mileage too high for statutory guarantee under Motor Dealers and Repairers Act NSW 2013 – whether acceptable quality under NSW Australian Consumer Law – no question of law involved – no appellable error of fact Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Safi v Heartland Motors PL t/as Heartland Chrysler [2016] NSWCATAP 80 Texts Cited: None cited Category: Principal judgment Parties: Mr Car Proprietary Ltd (Appellant) Emma Archer (First Respondent) Richard Archer (Second Respondent) Representation: Solicitors: Appellant (Self Represented) First Respondent (Self Represented) Second Respondent (Self Represented) File Number(s): AP 19/38861 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: N/A Date of Decision: 19 August 2019 Before: S Daly, Senior Member File Number(s): MV 19/24677