Smith v Ozzy's Cheapest Cars Pty Ltd [2019] NSWCATAP 278

Smith v Ozzy's Cheapest Cars Pty Ltd [2019] NSWCATAP 278

The appellant failed to prove on the balance of probabilities that the 'dusting' of the vehicle occurred before delivery or that a faulty air filter at time of delivery caused the problem. Accordingly, no breach of consumer guarantees nor misleading conduct was established.

Parties
Appellant: Daniel Smith; Respondent: Ozzy's Cheapest Cars Pty Ltd
Jurisdiction
Australia
Judgment Date
21 November 2019
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
Statutory Warranties, Misleading Conduct, Major Failure, Fit for Purpose, Acceptable Quality, Remedies
Consumer Law Statutory Warranties Misleading Conduct Major Failure Fit for Purpose Acceptable Quality Remedies

Case Brief

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Parties

Daniel Smith

Appellant

Ozzy's Cheapest Cars Pty Ltd

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the respondent breached statutory warranties under the Australian Consumer Law (NSW)
  2. 2 Whether the respondent engaged in misleading or deceptive conduct
  3. 3 Whether there was a major failure under the consumer guarantees

Ratio Decidendi

The appellant failed to prove on the balance of probabilities that the 'dusting' of the vehicle occurred before delivery or that a faulty air filter at time of delivery caused the problem. Accordingly, no breach of consumer guarantees nor misleading conduct was established.

Court Disposition

Appeal dismissed

Orders

  • Leave to Appeal is refused to the extent that leave is required.
  • Appeal is dismissed.