Atalla v West End Motor Group Pty Ltd t/a West End Mazda [2022] NSWCATCD 168

Atalla v West End Motor Group Pty Ltd t/a West End Mazda [2022] NSWCATCD 168

The first respondent, through its mechanic, failed to comply with the guarantee as to due care and skill by causing a power surge during battery repair, which damaged the instrument cluster. The first respondent failed to remedy this in a reasonable time, entitling the applicant to recover the cost of repair and consequential loss. Alternatively, a latent defect causing the failure would breach the guarantee as to acceptable quality. The second respondent was not liable.

Parties
Applicant: Edmond Atalla; First Respondent: West End Motor Group Pty Ltd t/a West End Mazda; Second Respondent: Hills District Repair Centre Pty Ltd
Jurisdiction
Australia
Judgment Date
08 August 2022
Procedural Posture
Consumer Claim / Principal Judgment
Outcome
Application against first respondent allowed in part; application against second respondent dismissed
Legal Topics
Australian Consumer Law, Guarantee of Due Care and Skill, Guarantee as to Acceptable Quality, Consequential Loss, Costs
Consumer Law Australian Consumer Law Guarantee of Due Care and Skill Guarantee as to Acceptable Quality Consequential Loss Costs

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Parties

Edmond Atalla

Applicant

West End Motor Group Pty Ltd t/a West End Mazda

First Respondent

Hills District Repair Centre Pty Ltd

Second Respondent

Procedural Posture

Consumer Claim / Principal Judgment

Legal Issues

  1. 1 What caused the failure of the instrument cluster?
  2. 2 Did either respondent fail to comply with the guarantee as to due care and skill?
  3. 3 Did the first respondent fail to comply with the guarantee as to acceptable quality?

Ratio Decidendi

The first respondent, through its mechanic, failed to comply with the guarantee as to due care and skill by causing a power surge during battery repair, which damaged the instrument cluster. The first respondent failed to remedy this in a reasonable time, entitling the applicant to recover the cost of repair and consequential loss. Alternatively, a latent defect causing the failure would breach the guarantee as to acceptable quality. The second respondent was not liable.

Court Disposition

Application against first respondent allowed in part; application against second respondent dismissed

Orders

  • West End Motor Group Pty Ltd t/a West End Mazda must pay Edmond Atalla $7,225.00 immediately.
  • West End Motor Group Pty Ltd t/a West End Mazda must pay Edmond Atalla his costs of the proceedings in the lump sum of $2,790.00 immediately.