SUV Sales Pty Ltd t/as 4B4 Warehouse v Walsh; Walsh v SUV Sales Pty Ltd t/as 4B4 Warehouse [2018] NSWCATAP 59

SUV Sales Pty Ltd t/as 4B4 Warehouse v Walsh; Walsh v SUV Sales Pty Ltd t/as 4B4 Warehouse [2018] NSWCATAP 59

The Signed Agreement did not state that Mr Walsh settled or waived the tyre claim, so the first instance decision to determine that claim was not inconsistent with the agreement and disclosed no error of law or miscarriage of justice. The Walsh appeal was filed about one month late for an unpersuasive reason, and even if time were extended the additional invoices and window tinting material were not shown to be significant new evidence not reasonably available at the first instance hearing; no error of law or injustice warranting leave was established.

Jurisdiction
Australia
Judgment Date
07 March 2018
Procedural Posture
Internal Appeals From a Consumer and Commercial Division Decision Concerning Compensation for a Motor Vehicle Purchase / Appeal Panel Hearing of Two Appeals, Including an Application for Extension of Time in AP 18/00834
Outcome
Both appeals were dismissed; the application for an extension of time in AP 18/00834 was refused.
Legal Topics
['internal Appeals' 'extension of Time' 'fresh Evidence' 'substantial Miscarriage of Justice' 'compensation for Defective or Misdescribed Vehicle']
['administrative Law' 'consumer Law' 'motor Vehicles'] ['internal Appeals' 'extension of Time' 'fresh Evidence' 'substantial Miscarriage of Justice' 'compensation for Defective or Misdescribed Vehicle']

Case Brief

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Procedural Posture

Internal Appeals From a Consumer and Commercial Division Decision Concerning Compensation for a Motor Vehicle Purchase / Appeal Panel Hearing of Two Appeals, Including an Application for Extension of Time in AP 18/00834

Legal Issues

  1. 1 ['Whether the 4B4 appeal showed error in the first instance award of compensation for tyres or a substantial miscarriage of justice.' 'Whether the Signed Agreement prevented Mr Walsh from pursuing compensation for tyres.' 'Whether time should be extended for the Walsh appeal filed outside the 28 day period.' 'Whether invoices and window tinting material relied on in the Walsh appeal were significant new evidence not reasonably available at the first instance hearing.' 'Whether the first instance decision involved an error of law or warranted leave to appeal under cl 12 of Sch 4 of the Civil and Administrative Tribunal Act 2013.']

Ratio Decidendi

The Signed Agreement did not state that Mr Walsh settled or waived the tyre claim, so the first instance decision to determine that claim was not inconsistent with the agreement and disclosed no error of law or miscarriage of justice. The Walsh appeal was filed about one month late for an unpersuasive reason, and even if time were extended the additional invoices and window tinting material were not shown to be significant new evidence not reasonably available at the first instance hearing; no error of law or injustice warranting leave was established.

Court Disposition

Both appeals were dismissed; the application for an extension of time in AP 18/00834 was refused.

Orders

  • ['AP 17/48693: The appeal is dismissed.' 'AP 18/00834: The application for an extension of time to file the appeal is refused.' 'AP 18/00834: The appeal is dismissed.']