Pratt v Mazda Australia Limited [2016] NSWCATAP 274

Pratt v Mazda Australia Limited [2016] NSWCATAP 274

The Appeal Panel dismissed the appeal because the grounds alleging error of law were not made out. The reasons below did not state or imply that the owner's manual was incorporated into the purchase contract. The Senior Member was entitled to consider the manual because it addressed the applicants' allegation that Mazda failed to disclose the cruise control characteristics. The evidence, including testing and technical evidence, was capable of supporting the finding that the cruise control was not faulty and performed as expected for that vehicle. No error of law was shown.

Jurisdiction
Australia
Judgment Date
25 August 2016
Procedural Posture
Consumer Claim Appeal Concerning a Motor Vehicle / Appeal Panel Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division Decision Dated 19 April 2016
Outcome
Appeal dismissed
Legal Topics
['motor Vehicle Purchase' 'cruise Control' 'appeal on Error of Law' "owners' Manual" 'evidence of Fault']
['consumer Law' 'civil Procedure'] ['motor Vehicle Purchase' 'cruise Control' 'appeal on Error of Law' "owners' Manual" 'evidence of Fault']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Consumer Claim Appeal Concerning a Motor Vehicle / Appeal Panel Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division Decision Dated 19 April 2016

Legal Issues

  1. 1 ['Whether the appeal was filed within time.' "Whether the Tribunal below erred in law by treating clauses 4-114 and 4-115 of the owner's manual as part of the contract for sale or as binding conditions between the parties." "Whether the Tribunal below erred in relying on the owner's manual when addressing the allegation that the vehicle failed to perform as advertised." "Whether there was a proper evidentiary basis for finding that the vehicle's cruise control was not faulty."]

Ratio Decidendi

The Appeal Panel dismissed the appeal because the grounds alleging error of law were not made out. The reasons below did not state or imply that the owner's manual was incorporated into the purchase contract. The Senior Member was entitled to consider the manual because it addressed the applicants' allegation that Mazda failed to disclose the cruise control characteristics. The evidence, including testing and technical evidence, was capable of supporting the finding that the cruise control was not faulty and performed as expected for that vehicle. No error of law was shown.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']