Campbelltown City Motors Pty Ltd & The Van Man Sales Pty Ltd v Sim [2021] NSWCATAP 149

Campbelltown City Motors Pty Ltd & The Van Man Sales Pty Ltd v Sim [2021] NSWCATAP 149

The substitution of Campbelltown City Motors Pty Ltd as respondent was not permitted under section 63 of the Civil and Administrative Tribunal Act, as it was not an obvious clerical error but a substantive change. The original orders against The Van Man Sales Pty Ltd were properly made based on the available evidence that statutory guarantees under the Australian Consumer Law had been breached and the vehicle was not roadworthy.

Jurisdiction
Australia
Judgment Date
24 May 2021
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal by Campbelltown City Motors Pty Ltd upheld; orders against it quashed. Appeal by The Van Man Sales Pty Ltd dismissed. Original orders against The Van Man Sales Pty Ltd confirmed with amended date for vehicle collection and refund. No order as to costs.
Legal Topics
['appeal Against Tribunal Decision' 'australian Consumer Law Guarantees' 'correcting Errors in Tribunal Decisions' 'slip Rule / Section 63 CAT Act']
['consumer Law' 'civil Procedure'] ['appeal Against Tribunal Decision' 'australian Consumer Law Guarantees' 'correcting Errors in Tribunal Decisions' 'slip Rule / Section 63 CAT Act']

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether it was lawful to substitute Campbelltown City Motors Pty Ltd as respondent under section 63 of the Civil and Administrative Tribunal Act.' 'Whether the original orders against The Van Man Sales Pty Ltd should stand, including entitlement to refund and vehicle return under ACL guarantees.']

Ratio Decidendi

The substitution of Campbelltown City Motors Pty Ltd as respondent was not permitted under section 63 of the Civil and Administrative Tribunal Act, as it was not an obvious clerical error but a substantive change. The original orders against The Van Man Sales Pty Ltd were properly made based on the available evidence that statutory guarantees under the Australian Consumer Law had been breached and the vehicle was not roadworthy.

Court Disposition

Appeal by Campbelltown City Motors Pty Ltd upheld; orders against it quashed. Appeal by The Van Man Sales Pty Ltd dismissed. Original orders against The Van Man Sales Pty Ltd confirmed with amended date for vehicle collection and refund. No order as to costs.

Orders

  • ['The appeal instituted by Campbelltown City Motors Pty Ltd is upheld.' 'Orders made by this Tribunal on 18 February 2021 in MV 20/47745 are quashed.' 'The appeal instituted by The Van Man Sales Pty Ltd is dismissed.' 'Orders made by this Tribunal on 9 February 2021 in MV 20/47745 are confirmed save that The Van Man...