Irving v D’Michelle t/as Westside Customs and Mechanical [2015] NSWCATCD 152

Irving v D’Michelle t/as Westside Customs and Mechanical [2015] NSWCATCD 152

The respondent failed to perform the engine reconditioning with due care and skill by not re-boring the cylinders and installing oversize pistons and rings, which was causally linked to the loss of compression and need for further engine repair. The applicant is entitled to damages reflecting the cost of rectifying...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 December 2015
Procedural Posture
Consumer Claim / Hearing and Determination
Outcome
Applicant succeeds; damages awarded.
Legal Topics
['due Care and Skill' 'consumer Guarantee' 'causation' 'damages']
['consumer Law' 'contract Law'] ['due Care and Skill' 'consumer Guarantee' 'causation' 'damages']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Consumer Claim / Hearing and Determination

Legal Issues

  1. 1 ["Whether the respondent failed to exercise due care and skill in reconditioning the applicant's vehicle engine" "Whether the respondent's work caused the loss of compression and ongoing issues in the applicant's vehicle engine" 'What is the appropriate measure of damages for breach of the consumer guarantee']

Ratio Decidendi

The respondent failed to perform the engine reconditioning with due care and skill by not re-boring the cylinders and installing oversize pistons and rings, which was causally linked to the loss of compression and need for further engine repair. The applicant is entitled to damages reflecting the cost of rectifying the defective work, assessed as $7,000.00.

Court Disposition

Applicant succeeds; damages awarded.

Orders

  • ['The respondent is to pay the applicant $7,000.00 on or before 21 days from the date of this decision.']