Ace Action Motors Pty Ltd v Cooper [2017] NSWCATAP 119

Ace Action Motors Pty Ltd v Cooper [2017] NSWCATAP 119

The Tribunal did not deny procedural fairness to the appellant. The vehicle was not of acceptable quality at sale in breach of the consumer guarantee, but the Tribunal erred in including damages for wiper blades and two tyres, as these were reasonable wear items disclosed at sale. The damages award should be reduced accordingly.

Parties
Appellant: Ace Action Motors Pty Ltd; Respondent: Patrick Cooper
Jurisdiction
Australia
Judgment Date
25 May 2017
Procedural Posture
Appeal / Decision on Leave to Appeal and Appeal Against Award of Damages
Outcome
Appeal allowed in part; damages for wiper blades and two tyres excluded; orders varied accordingly
Legal Topics
Consumer Guarantees, Procedural Fairness, Damages for Defective Goods, Acceptable Quality, Section 54 ACL
Consumer Law Consumer Guarantees Procedural Fairness Damages for Defective Goods Acceptable Quality Section 54 ACL

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Parties

Ace Action Motors Pty Ltd

Appellant

Patrick Cooper

Respondent

Procedural Posture

Appeal / Decision on Leave to Appeal and Appeal Against Award of Damages

Legal Issues

  1. 1 Whether procedural fairness was denied to the appellant in the original Tribunal proceedings
  2. 2 Whether the motor vehicle sold breached consumer guarantees under s 54 of the Australian Consumer Law (NSW)
  3. 3 Whether the award for damages for repairs to wiper blades and tyres was justified under the ACL

Ratio Decidendi

The Tribunal did not deny procedural fairness to the appellant. The vehicle was not of acceptable quality at sale in breach of the consumer guarantee, but the Tribunal erred in including damages for wiper blades and two tyres, as these were reasonable wear items disclosed at sale. The damages award should be reduced accordingly.

Court Disposition

Appeal allowed in part; damages for wiper blades and two tyres excluded; orders varied accordingly

Orders

  • Leave to appeal is granted in respect of the award of damages for repairs to the wiper blades and two tyres of the respondent's vehicle.
  • The appeal in respect of the award made for the wiper blades and two tyres is allowed.