Ni v Car Skinning Pty Ltd and Performance Auto Trader Pty Ltd [2023] NSWCATCD 62

Ni v Car Skinning Pty Ltd and Performance Auto Trader Pty Ltd [2023] NSWCATCD 62

Car Skinning Pty Ltd engaged in misleading and deceptive conduct under s 18 of the ACL by representing to the applicant that the rental car was covered by appropriate insurance for the hire period, inducing the applicant to hire the car and pay insurance premiums and other fees, when in fact the Allianz policy did not cover hire car use. The applicant was entitled to compensation for losses directly resulting from this reliance, and was not liable for the further repair costs claimed by respondents.

Jurisdiction
Australia
Judgment Date
09 June 2023
Procedural Posture
Consumer Claim / Principal Judgment
Outcome
Applicant succeeds; respondents’ claim dismissed apart from offsetting hire fees.
Legal Topics
['misleading or Deceptive Conduct' 'representations as to Future Matters' 'remedies Under Australian Consumer Law' 'damages' 'trade or Commerce' 'rental Car Insurance' 'unconscionable Conduct (alternative Claim)']
['consumer Law'] ['misleading or Deceptive Conduct' 'representations as to Future Matters' 'remedies Under Australian Consumer Law' 'damages' 'trade or Commerce' 'rental Car Insurance' 'unconscionable Conduct (alternative Claim)']

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Procedural Posture

Consumer Claim / Principal Judgment

Legal Issues

  1. 1 ['Whether the respondents engaged in misleading or deceptive conduct in breach of s 18 of the Australian Consumer Law' 'Whether representations as to future matters about insurance coverage had reasonable grounds under s 4 of ACL' 'Whether the applicant is entitled to compensation for loss resulting from reliance on misleading conduct' "Whether the applicant is liable to pay the respondents' claimed repair costs"]

Ratio Decidendi

Car Skinning Pty Ltd engaged in misleading and deceptive conduct under s 18 of the ACL by representing to the applicant that the rental car was covered by appropriate insurance for the hire period, inducing the applicant to hire the car and pay insurance premiums and other fees, when in fact the Allianz policy did not cover hire car use. The applicant was entitled to compensation for losses directly resulting from this reliance, and was not liable for the further repair costs claimed by respondents.

Court Disposition

Applicant succeeds; respondents’ claim dismissed apart from offsetting hire fees.

Orders

  • ['Car Skinning Pty Limited must pay Yuheng Ni the sum of $10,342.66 on or before 23 June 2023.' 'The amount of $16,264.92 claimed by the respondents is not due or owing by the claimant to either or both respondents.' 'The balance of the proceeding is dismissed.']