Issacs v Michael [2024] NSWCATAP 236

Issacs v Michael [2024] NSWCATAP 236

No error of law or basis for leave to appeal was established; Tribunal's findings that the evidence was inconclusive and did not support a breach of consumer guarantees were open to it and involved application of the correct legal principles; supplier's licensing status, while contested, was supported by documentary evidence, and no legal or factual error was demonstrated.

Parties
Appellant: Keiran Isaacs; Respondent: Micheal Michael
Jurisdiction
Australia
Judgment Date
21 November 2024
Procedural Posture
Appeal / Application for Leave to Appeal and Determination of Appeal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
Appeals, Consumer Guarantees, Licensing of Motor Vehicle Repairers, Misleading or Deceptive Conduct
Consumer Law Appeals Consumer Guarantees Licensing of Motor Vehicle Repairers Misleading or Deceptive Conduct

Case Brief

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Parties

Keiran Isaacs

Appellant

Micheal Michael

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal and Determination of Appeal

Legal Issues

  1. 1 Whether work performed on gearbox breached consumer guarantees under ss 60 and/or 61 of the Australian Consumer Law 2010 (NSW)
  2. 2 Whether the supplier was suitably licensed under Motor Dealers and Repairers Act 2013 (NSW)
  3. 3 Whether Tribunal erred in law by failing to consider relevant legal principles or evidence

Ratio Decidendi

No error of law or basis for leave to appeal was established; Tribunal's findings that the evidence was inconclusive and did not support a breach of consumer guarantees were open to it and involved application of the correct legal principles; supplier's licensing status, while contested, was supported by documentary evidence, and no legal or factual error was demonstrated.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • Leave to appeal is refused.
  • The appeal is otherwise dismissed.