Batshon v Suttons Motors Homebush Pty Limited [2024] NSWCATAP 114

Batshon v Suttons Motors Homebush Pty Limited [2024] NSWCATAP 114

The Tribunal erred in law by requiring the appellant to provide expert evidence to establish defects and a breach of consumer guarantees under the ACL, without consideration of the lay evidence adduced. The matter must be remitted for redetermination on the basis of all relevant evidence, not excluding lay evidence.

Parties
Appellant: Sam Batshon; First Respondent: Suttons Motors Homebush Pty Limited; Second Respondent: Ford Motor Company of Australia Ltd
Jurisdiction
Australia
Judgment Date
21 June 2024
Procedural Posture
Appeal / Appeal Decision (appeal Panel) and Order of Remittal
Outcome
Appeal allowed; matter remitted for new hearing.
Legal Topics
Consumer Guarantees, Acceptable Quality, Fitness for Purpose, Onus of Proof, Procedural Fairness, Expert Evidence, Refund, Remitter
Consumer Law Consumer Guarantees Acceptable Quality Fitness for Purpose Onus of Proof Procedural Fairness Expert Evidence Refund +1 more

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Parties

Sam Batshon

Appellant

Suttons Motors Homebush Pty Limited

First Respondent

Ford Motor Company of Australia Ltd

Second Respondent

Procedural Posture

Appeal / Appeal Decision (appeal Panel) and Order of Remittal

Legal Issues

  1. 1 Whether the Tribunal applied the wrong principle of law by requiring expert evidence to establish defects under the Australian Consumer Law.
  2. 2 Whether the appellant was afforded procedural fairness in respect of late respondents’ submissions.

Ratio Decidendi

The Tribunal erred in law by requiring the appellant to provide expert evidence to establish defects and a breach of consumer guarantees under the ACL, without consideration of the lay evidence adduced. The matter must be remitted for redetermination on the basis of all relevant evidence, not excluding lay evidence.

Court Disposition

Appeal allowed; matter remitted for new hearing.

Orders

  • Allow the appeal.
  • Set aside the primary decision dated 20 November 2023.