Vince Taskovski & Anor v Otomobile Shoppe Pty Ltd [2015] NSWCATCD 24

Vince Taskovski & Anor v Otomobile Shoppe Pty Ltd [2015] NSWCATCD 24

Leave to renew the proceedings was granted because the respondent had not complied with the consent orders/Second Agreement. The respondent's failure to disclose that the Audi engine had been replaced with a Volkswagen engine was misleading or deceptive and a breach of an implied and fundamental term of the Second...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 March 2015
Procedural Posture
Consumer Claim Concerning Sale of Second Hand Motor Vehicle / Renewal of Proceedings Application After Consent Orders Were Not Complied With
Outcome
Application renewed and compensation awarded to the applicants.
Legal Topics
['sale of Second Hand Motor Vehicle' 'misleading and Deceptive Conduct' 'statutory Guarantees' 'acceptable Quality' 'supply of Goods by Description' 'roadworthiness' 'renewal of Proceedings' 'compensation']
['consumer Law' 'motor Dealers' 'contract Law'] ['sale of Second Hand Motor Vehicle' 'misleading and Deceptive Conduct' 'statutory Guarantees' 'acceptable Quality' 'supply of Goods by Description' 'roadworthiness' 'renewal of Proceedings' 'compensation']

Source-derived case record

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Procedural Posture

Consumer Claim Concerning Sale of Second Hand Motor Vehicle / Renewal of Proceedings Application After Consent Orders Were Not Complied With

Legal Issues

  1. 1 ['Whether leave should be granted to renew the proceedings under the Civil and Administrative Tribunal Act 2013 Schedule 4 clause 8.' 'Whether the respondent breached the Second Agreement recorded by consent orders by failing to rectify defects and by replacing an Audi engine with a Volkswagen engine without disclosure.' 'Whether the respondent engaged in misleading or deceptive conduct contrary to ACL s18.' 'Whether the vehicle failed to comply with the statutory guarantees of acceptable quality and correspondence with description under ACL ss54 and 56.' "What compensation should be awarded within the Tribunal's monetary limit."]

Ratio Decidendi

Leave to renew the proceedings was granted because the respondent had not complied with the consent orders/Second Agreement. The respondent's failure to disclose that the Audi engine had been replaced with a Volkswagen engine was misleading or deceptive and a breach of an implied and fundamental term of the Second Agreement. The vehicle was not of acceptable quality because it was un-roadworthy and had substantial defects, and it did not correspond with the description of an Audi vehicle because it had a Volkswagen engine. The applicants were entitled to monetary compensation, but the award was limited to the Tribunal's $40,000.00 monetary limit.

Court Disposition

Application renewed and compensation awarded to the applicants.

Orders

  • ['The applicant is granted leave to renew the application pursuant to the Civil and Administrative Tribunal Act 2013 Schedule 4 clauses 3 and 8.' 'The respondent is to pay the applicant the sum of $40,000.00 within 28 days of the date of this Order.' 'The applicant is to make the motor vehicle available for...