Vecchio v GM Holden Limited [2018] NSWCATCD 70

Vecchio v GM Holden Limited [2018] NSWCATCD 70

The applicant's claim was brought more than 3 years after she first became or ought reasonably to have become aware that the consumer guarantee had not been complied with. Therefore, the statutory limitation expired and the Tribunal lacked jurisdiction.

Parties
Applicant: Marisa Vecchio; Respondent: GM Holden Limited
Jurisdiction
Australia
Judgment Date
13 November 2018
Procedural Posture
Consumer Claim / Final Determination
Outcome
Application dismissed
Legal Topics
Motor Vehicle Claim, Limitation Period, Jurisdiction, Consumer Guarantee, Acceptable Quality
Consumer Law Motor Vehicle Claim Limitation Period Jurisdiction Consumer Guarantee Acceptable Quality

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Parties

Marisa Vecchio

Applicant

GM Holden Limited

Respondent

Procedural Posture

Consumer Claim / Final Determination

Legal Issues

  1. 1 Whether the applicant's claim against the manufacturer for breach of consumer guarantee is within the statutory time limit under s 273 of the ACL
  2. 2 Whether the Tribunal has jurisdiction to hear the claim under s 79L of the Fair Trading Act 1987 (NSW)

Ratio Decidendi

The applicant's claim was brought more than 3 years after she first became or ought reasonably to have become aware that the consumer guarantee had not been complied with. Therefore, the statutory limitation expired and the Tribunal lacked jurisdiction.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.