Alexander Johnson v Sydney RV Group Pty Ltd [2019] NSWCATAP 206

Alexander Johnson v Sydney RV Group Pty Ltd [2019] NSWCATAP 206

The Appeal Panel dismissed the appeal because each ground alleged error of law but the Tribunal had considered the relevant evidence and submissions, had evidence supporting its findings that there was no major failure or breach of consumer guarantees, and had not acted unreasonably or denied procedural fairness. The Tribunal was aware the appellant sought a refund and had rejected the vehicle, and its handling of late expert evidence and the appellant's asserted difficulties at the hearing did not establish procedural unfairness.

Jurisdiction
Australia
Judgment Date
14 August 2019
Procedural Posture
Internal Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division Decision Concerning Motor Vehicle Consumer Guarantees / Appeal Panel Decision
Outcome
Appeal dismissed.
Legal Topics
['australian Consumer Law Consumer Guarantees' 'acceptable Quality' 'fitness for Purpose' 'major Failure' 'error of Law' 'procedural Fairness']
['consumer Law' 'motor Vehicles' 'administrative Law'] ['australian Consumer Law Consumer Guarantees' 'acceptable Quality' 'fitness for Purpose' 'major Failure' 'error of Law' 'procedural Fairness']

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Procedural Posture

Internal Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division Decision Concerning Motor Vehicle Consumer Guarantees / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether the Tribunal made an error of law by not giving proper consideration to evidence about the vehicle's weight." 'Whether the Tribunal made an error of law by failing to give proper consideration to consumer guarantees under ss.54, 55 and 56 of the Australian Consumer Law.' 'Whether the Tribunal made an error of law by failing to consider remedies under ss.259 and 260 of the Australian Consumer Law.' 'Whether the Tribunal made an error of law by not giving proper consideration to repairs already undertaken and alleged continuing defects.' 'Whether the Tribunal denied procedural fairness in relation to late documents, late expert affidavit evidence, and the conduct of the hearing.']

Ratio Decidendi

The Appeal Panel dismissed the appeal because each ground alleged error of law but the Tribunal had considered the relevant evidence and submissions, had evidence supporting its findings that there was no major failure or breach of consumer guarantees, and had not acted unreasonably or denied procedural fairness. The Tribunal was aware the appellant sought a refund and had rejected the vehicle, and its handling of late expert evidence and the appellant's asserted difficulties at the hearing did not establish procedural unfairness.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal is dismissed.']