Selected cases

NSW Civil and Administrative Tribunal Appeal Panel · [2026] NSWCATAP 172

Abboud and AM2PM Group v Oltoy

A NSW Appeal Panel case about a company vehicle purchase, overheating complaints, expert evidence and an unsuccessful ACL acceptable...

NSW Civil and Administrative Tribunal Appeal Panel3 June 2026

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Quick read

  • Consumer guarantee claims about vehicles, equipment or other business assets often turn on evidence.
  • A NSW Appeal Panel case about a company vehicle purchase, overheating complaints, expert evidence and an unsuccessful ACL acceptable quality appeal.

Use this to check

  • Business buyers can have consumer guarantee rights, but they still need evidence that fits the legal test.
  • A technical expert report should explain the tests performed, results recorded and reasoning used.
  • The cause of the defect and the condition at the time of supply are often decisive.

Decision snapshot

  1. What happened

    • AM2PM Group Pty Ltd bought a Volkswagen Tiguan for $70,575 from Oltoy Pty Ltd, a licensed motor dealer, on 23 January 2022.
    • The vehicle had been first registered in December 2019 and had 14,232 kilometres on the odometer when sold.
    • From June 2023, engine overheating warnings appeared.
    • The buyer sought a refund and damages under the Australian Consumer Law.

  2. What the court had to decide

    • The Appeal Panel had to decide whether the appellants established an appealable error or grounds for leave after the Tribunal dismissed an Australian Consumer Law acceptable quality claim about a used vehicle and preferred one expert's evidence over another.

  3. What the court decided

    • The Appeal Panel refused leave to appeal, dismissed the appeal and ordered the appellants to pay the respondent's costs as agreed or assessed.
    • The Panel held that the appellants had not shown the Tribunal erred by preferring the Volkswagen expert evidence or by finding the acceptable quality claim was not proved.

Practical impact

Practical read

  • Consumer guarantee claims about vehicles, equipment or other business assets often turn on evidence.
  • If the problem is technical, the expert report needs clear tests, method, reasoning and a link back to the condition of the goods at supply.

Useful next steps

  • Business buyers can have consumer guarantee rights, but they still need evidence that fits the legal test.
  • A technical expert report should explain the tests performed, results recorded and reasoning used.
  • The cause of the defect and the condition at the time of supply are often decisive.
  • Appeals are hard if the first decision turned on which expert evidence was preferred.
  • Keep purchase documents, service records, repair offers, diagnostics and photos in date order.

Practical read

This is a useful small-business asset case because the buyer was a company and the dispute was about a vehicle used as a business asset. The Australian Consumer Law can apply to some business purchases, but winning still depends on evidence that proves the guarantee was breached.

The buyer's problem was not just that the car overheated. The question was whether the evidence proved the vehicle was not of acceptable quality at the time of supply. The Tribunal was not persuaded by the buyer's expert report because the testing method, readings and reasoning were not strong enough, and the expert had not stripped the engine to confirm the internal damage theory.

The appeal failed because the Appeal Panel did not find legal error or a substantial miscarriage of justice. For businesses, the lesson is very practical: if a supplier, dealer or manufacturer dispute is going to turn on technical cause, get the testing and report quality right before the hearing.

Checks to run

Key points

  • Keep purchase documents, service records, repair offers, diagnostics and photos in date order.
  • Ask any expert to explain testing method, readings, limits and alternate causes.
  • Link the defect evidence back to the condition of the goods at supply.
  • Consider whether repair, refund or damages is the realistic remedy before rejecting a repair offer.
  • Get advice before appealing if the first decision mainly turned on expert evidence.

Key takeaways

  • Business buyers can have consumer guarantee rights, but they still need evidence that fits the legal test.
  • A technical expert report should explain the tests performed, results recorded and reasoning used.
  • The cause of the defect and the condition at the time of supply are often decisive.
  • Appeals are hard if the first decision turned on which expert evidence was preferred.

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