Schmidt v JRS Trading Pty Ltd [2023] NSWCATAP 116

Schmidt v JRS Trading Pty Ltd [2023] NSWCATAP 116

The Tribunal Member erred in law by treating the requirement to offer a repair as a precondition to finding a major failure, and by failing to consider critical evidence that the vehicle was unsafe; as such, the appellant was entitled to a full refund due to major failure under s260(e) of the ACL.

Parties
Appellant: Bianca Schmidt; Respondent: JRS Trading Pty Ltd
Jurisdiction
Australia
Judgment Date
01 May 2023
Procedural Posture
Civil Appeal / Final Determination on Appeal
Outcome
appeal allowed
Legal Topics
Major Failure, Australian Consumer Law, Refund for Unsafe Goods, Appeals, Procedural Fairness
Consumer Law Major Failure Australian Consumer Law Refund for Unsafe Goods Appeals Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Bianca Schmidt

Appellant

JRS Trading Pty Ltd

Respondent

Procedural Posture

Civil Appeal / Final Determination on Appeal

Legal Issues

  1. 1 Whether the Tribunal Member erred in interpreting ss259 and 260 of the Australian Consumer Law with respect to major failure and the requirement to offer a repair opportunity
  2. 2 Whether the decision failed to consider critical evidence that the vehicle was unsafe
  3. 3 Whether errors of law occurred justifying intervention by the Appeal Panel

Ratio Decidendi

The Tribunal Member erred in law by treating the requirement to offer a repair as a precondition to finding a major failure, and by failing to consider critical evidence that the vehicle was unsafe; as such, the appellant was entitled to a full refund due to major failure under s260(e) of the ACL.

Court Disposition

appeal allowed

Orders

  • Appeal allowed.
  • The Tribunal's decision of 25 January 2023 is set aside.