Liu v Zaccaria trading as Precision Automotive Engineers

Liu, the Applicant, sought compensation from Zaccaria, trading as Precision Automotive Engineers, the Respondent, for a breach of consumer guarantee in relation to the repair of a motor vehicle. The matter was heard in the Small Claims Division of the Local Court of New South Wales. The Applicant claimed that the Respondent had failed to provide the vehicle repair services with due care and skill, contrary to the Australian Consumer Law. This resulted in significant damage to the vehicle, including a broken engine block and transmission.

The court was required to determine whether the Respondent had indeed breached the consumer guarantee by failing to provide the services with due care and skill, and if so, what compensation should be awarded to the Applicant. The court examined the evidence presented, including expert evidence from both parties regarding the cause of the damage to the vehicle. The court found that the Applicant had established that the Respondent had breached the consumer guarantee, and that the damage to the vehicle was caused by this breach. The court also considered the appropriate measure of compensation for the Applicant's loss.

The court held that the Respondent had breached the consumer guarantee and awarded the Applicant $21,885.00 in compensation. The court ordered that this sum be paid to the Applicant by the Respondent on or before 13 August 2017. The court found that the Applicant had established their case on the balance of probabilities, and that the evidence presented was sufficient to support the award of compensation. The court also found that the amount of compensation awarded was reasonable and appropriate, taking into account the Applicant's loss and the Respondent's breach of the consumer guarantee.