Scone Diesel Pty Ltd v Hall [2023] NSWCATAP 189

Scone Diesel Pty Ltd v Hall [2023] NSWCATAP 189

The Notice of Appeal was only six days late and no prejudice from extending time was shown, so time was extended. The appeal was dismissed because the appellant did not establish any error on a question of law and made no application for leave to appeal. The first instance decision was supported by evidence that the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 July 2023
Procedural Posture
Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) From a Consumer and Commercial Division Decision Awarding Compensation for Motor Vehicle Repair Work / Appeal Panel Decision on Extension of Time and Appeal
Outcome
Time for lodging the Notice of Appeal extended; appeal dismissed.
Legal Topics
['australian Consumer Law Guarantee of Due Care and Skill' 'internal Appeals' 'extension of Time' 'motor Vehicle Repairs']
['consumer Law' 'civil and Administrative Tribunal Procedure'] ['australian Consumer Law Guarantee of Due Care and Skill' 'internal Appeals' 'extension of Time' 'motor Vehicle Repairs']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) From a Consumer and Commercial Division Decision Awarding Compensation for Motor Vehicle Repair Work / Appeal Panel Decision on Extension of Time and Appeal

Legal Issues

  1. 1 ['Whether time should be extended for lodging the Notice of Appeal received six days late.' 'Whether the appellant established an error on a question of law in the first instance decision.' 'Whether there was any basis for leave to appeal or any substantial miscarriage of justice.' "Whether the Tribunal's finding that the appellant breached the guarantee in s 60 of the Australian Consumer Law was supported by evidence."]

Ratio Decidendi

The Notice of Appeal was only six days late and no prejudice from extending time was shown, so time was extended. The appeal was dismissed because the appellant did not establish any error on a question of law and made no application for leave to appeal. The first instance decision was supported by evidence that the relevant components caused the problem and that the appellant serviced them in-house rather than replacing them or having them serviced by a registered diesel fuel injection shop as contemplated by the warranty booklet; there was no failure to provide reasons, identify the correct issue, apply the correct law, afford procedural fairness, consider relevant matters, or avoid...

Court Disposition

Time for lodging the Notice of Appeal extended; appeal dismissed.

Orders

  • ['The time for lodging the Notice of Appeal is extended to 10 May 2023.' 'The appeal is dismissed.']