A motor dealer's statement that a vehicle has not been in an 'accident' is not misleading where the vehicle suffered engine damage from causes other than a collision, even if the vehicle was a repairable write-off. There is no obligation on a motor dealer to disclose a vehicle's written-off status where the purchaser has arranged an independent mechanical inspection. When exercising discretion under s 69 of the Supreme Court Act 1970 (NSW), the Court of Appeal may decline to remit proceedings to the District Court and instead dismiss the underlying appeal where none of the remaining grounds has realistic prospects of success.
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