Vizcarra v Delorian Motors Pty Ltd t/as Woollahra Auto Repairs [2020] NSWCATAP 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vizcarra v Delorian Motors Pty Ltd t/as Woollahra Auto Repairs [2020] NSWCATAP 31 Hearing dates: 3 February 2020 Date of orders: 03 March 2020 Decision date: 03 March 2020 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President P H Molony, Senior Member Decision: Appeal dismissed Catchwords: APPEAL – consumer claim – Australian Consumer Law – failure to provide repair services with due care and skill – failure to establish a causal connection between repairs and damaged vehicle Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Cases Cited: TLK Transport Pty Ltd v Thornthwaite Pty Ltd t/as Yass Valley Mobile Mechanic [2014] NSWCATCD 147 Texts Cited: None cited Category: Principal judgment Parties: Celinda Flores Vizcarra (Appellant) Delorian Motors Pty Ltd t/as Woollahra Auto Repairs (Respondent) Representation: Solicitors: Inner City Legal Centre (Appellant) S Nalbandian (Director) (Respondent) File Number(s): AP 19/51729 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: N/A Date of Decision: 22 October 2019 Before: G Bassett, General Member File Number(s): MV 19/04683

REASONS FOR DECISION

Background 1. This is an appeal from a decision made in the Consumer & Commercial Division of the Tribunal on 22 October 2019 (which we will refer to as the Decision). The Decision involved an application by the Appellant for compensation from the Respondent (a motor vehicle repairer). The application was dismissed because the Tribunal was "not satisfied (at the civil standard of proof) that the grounds required to make the orders sought have been established".