Gergs v Arslan t/as B&D Car Gallery [2015] NSWCATAP 91

Gergs v Arslan t/as B&D Car Gallery [2015] NSWCATAP 91

Failure to provide an inspection report under section 58 of the Motor Dealers and Repairers Act, 2013 does not render contract for sale of motor vehicle illegal and void; section 58 imposes only a penalty and does not expressly prohibit such contracts. No implied contractual term for provision of inspection report arises where vehicle sold as unregistered; appeal fails on all grounds.

Parties
Appellant: Peter Gergs; Respondent: Barry Arslan t/as B&D Car Gallery
Jurisdiction
Australia
Judgment Date
20 May 2015
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Illegal Contracts, Statutory Interpretation, Implied Terms, Motor Vehicle Sales
Contract Law Consumer Law Illegal Contracts Statutory Interpretation Implied Terms Motor Vehicle Sales

Case Brief

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Parties

Peter Gergs

Appellant

Barry Arslan t/as B&D Car Gallery

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether sale of motor vehicle without inspection report renders contract illegal and void under Motor Dealers and Repairers Act, 2013
  2. 2 Whether an inspection report is an implied term of contract for unregistered motor vehicle
  3. 3 Application of section 58 and section 59 of the Motor Dealers and Repairers Act, 2013

Ratio Decidendi

Failure to provide an inspection report under section 58 of the Motor Dealers and Repairers Act, 2013 does not render contract for sale of motor vehicle illegal and void; section 58 imposes only a penalty and does not expressly prohibit such contracts. No implied contractual term for provision of inspection report arises where vehicle sold as unregistered; appeal fails on all grounds.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Each party is to pay their own costs of the appeal unless an application for costs is made in writing to the Tribunal within 7 days from the date of these orders