Alliance Motor Auctions Pty Ltd v Saman [2018] NSWCATAP 137

Alliance Motor Auctions Pty Ltd v Saman [2018] NSWCATAP 137

The Tribunal was entitled to conclude on the balance of probabilities that the fire was caused by a latent or actual defect in the motor vehicle at the time of sale, and thus the appellant did not comply with the guarantee as to acceptable quality. No error of law or sufficient miscarriage of justice identified;...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 May 2018
Procedural Posture
Appeal / Leave to Appeal Decision and Final Appeal Determination
Outcome
Leave to appeal refused; appeal dismissed; stay lifted; costs application refused.
Legal Topics
['guarantee of Acceptable Quality' 'appeals' 'standard of Proof' 'costs']
['consumer Law'] ['guarantee of Acceptable Quality' 'appeals' 'standard of Proof' 'costs']

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Procedural Posture

Appeal / Leave to Appeal Decision and Final Appeal Determination

Legal Issues

  1. 1 ['Whether the Tribunal erred in finding the fire was caused by a mechanical defect present at time of sale' 'Whether there was sufficient evidence to support the finding of defect' 'Whether leave to appeal should be granted due to miscarriage of justice or error of law']

Ratio Decidendi

The Tribunal was entitled to conclude on the balance of probabilities that the fire was caused by a latent or actual defect in the motor vehicle at the time of sale, and thus the appellant did not comply with the guarantee as to acceptable quality. No error of law or sufficient miscarriage of justice identified; leave to appeal refused; appeal dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed; stay lifted; costs application refused.

Orders

  • ['The time for filing the Notice of Appeal is extended to 14 March 2018.' 'Leave to appeal refused.' 'Appeal otherwise dismissed.' 'The stay of the orders made in application MV 17/38014 is lifted.' 'Costs application refused.']