Solomons v Valley Motor Auctions Pty Ltd & New Model Wreckers Pty Ltd [2016] NSWCATCD 63

Solomons v Valley Motor Auctions Pty Ltd & New Model Wreckers Pty Ltd [2016] NSWCATCD 63

The application failed because the Tribunal found on the balance of probabilities that the Applicant acquired the vehicle at auction, so the consumer guarantees in ss54 and 55 of the Australian Consumer Law did not apply to the sale. The Tribunal also found that New Model Wreckers did not supply goods to the Applicant and the Tribunal had no jurisdiction over the claim against it. In any event, the Applicant did not prove that the vehicle or replacement engine was not of acceptable quality when supplied, and she did not rely on Valley Motors' skill and judgment as to fitness for purpose.

Jurisdiction
Australia
Judgment Date
26 July 2016
Procedural Posture
Consumer Claim Concerning Purchase of a Second Hand Hyundai Imax Motor Vehicle and Alleged Breaches of Australian Consumer Law Consumer Guarantees / Final Determination After Hearing
Outcome
Application dismissed; Applicant ordered to pay the Respondents' costs of the proceedings, if any, as agreed or assessed.
Legal Topics
['australian Consumer Law Consumer Guarantees' 'sale by Auction' 'acceptable Quality' 'fitness for Disclosed Purpose' 'reliance on Supplier Skill and Judgment' 'tribunal Jurisdiction' 'supply of Replacement Engine' 'costs']
['consumer Law' 'motor Vehicle Sales' 'civil and Administrative Tribunal Procedure'] ['australian Consumer Law Consumer Guarantees' 'sale by Auction' 'acceptable Quality' 'fitness for Disclosed Purpose' 'reliance on Supplier Skill and Judgment' 'tribunal Jurisdiction' 'supply of Replacement Engine' 'costs']

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Procedural Posture

Consumer Claim Concerning Purchase of a Second Hand Hyundai Imax Motor Vehicle and Alleged Breaches of Australian Consumer Law Consumer Guarantees / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether the motor vehicle was sold by auction so that the consumer guarantees in ss54 and 55 of the Australian Consumer Law did not apply.' 'Whether the vehicle as originally sold was of acceptable quality.' "Whether the Applicant relied on the skill and judgment of Valley Motor Auctions Pty Ltd in relation to the vehicle's fitness for her intended business use." 'Whether Valley Motor Auctions Pty Ltd supplied the replacement engine to the Applicant for the purposes of the Australian Consumer Law.' 'Whether the Tribunal had jurisdiction over the claim against New Model Wreckers Pty Ltd.' 'If liability were established, what compensation the Applicant would be entitled to.']

Ratio Decidendi

The application failed because the Tribunal found on the balance of probabilities that the Applicant acquired the vehicle at auction, so the consumer guarantees in ss54 and 55 of the Australian Consumer Law did not apply to the sale. The Tribunal also found that New Model Wreckers did not supply goods to the Applicant and the Tribunal had no jurisdiction over the claim against it. In any event, the Applicant did not prove that the vehicle or replacement engine was not of acceptable quality when supplied, and she did not rely on Valley Motors' skill and judgment as to fitness for purpose.

Court Disposition

Application dismissed; Applicant ordered to pay the Respondents' costs of the proceedings, if any, as agreed or assessed.

Orders

  • ['Application dismissed.' "The Applicant is to pay the Respondents' costs of the proceedings (if any) as agreed or assessed."]