Moore v Derm Pty Limited t/as Passport Caravans [2017] NSWCATCD 87

Moore v Derm Pty Limited t/as Passport Caravans [2017] NSWCATCD 87

The Tribunal found that the caravan was a new motor vehicle, was supplied by description, and significantly departed from that description because it was described as a 2016 build but was manufactured in China in 2015. It also found that the caravan was not of acceptable quality when supplied because it had multiple defects, including safety-related defects. The failures to comply with the consumer guarantees of sale by description and acceptable quality were major failures because the caravan would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failures. Mr Moore had notified Passport Caravans that he rejected the caravan and the...

Jurisdiction
Australia
Judgment Date
29 September 2017
Procedural Posture
Consumer Claim for Refund of Purchase Price and Damages Arising From Supply of a Caravan / Final Hearing and Principal Judgment
Outcome
Application allowed in part; refund of purchase price and consequential damages ordered, with return of the caravan and transfer documentation.
Legal Topics
['australian Consumer Law Consumer Guarantees' 'acceptable Quality' 'sale by Description' 'major Failure' 'rejection of Goods and Refund' 'consequential Loss' 'misrepresentation' 'whether Caravan Was a New or Second Hand Motor Vehicle']
['consumer Law' 'fair Trading' 'motor Vehicles'] ['australian Consumer Law Consumer Guarantees' 'acceptable Quality' 'sale by Description' 'major Failure' 'rejection of Goods and Refund' 'consequential Loss' 'misrepresentation' 'whether Caravan Was a New or Second Hand Motor Vehicle']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Consumer Claim for Refund of Purchase Price and Damages Arising From Supply of a Caravan / Final Hearing and Principal Judgment

Legal Issues

  1. 1 ["Whether the caravan was a new motor vehicle or a second-hand motor vehicle for the Tribunal's monetary jurisdiction." 'Whether Passport Caravans made a misrepresentation about the caravan, including that it was a 2016 model and had a 15 foot roll out awning.' 'Whether the caravan complied with the consumer guarantee as to acceptable quality under s 54 of the Australian Consumer Law (NSW).' 'Whether any failure to comply with consumer guarantees was a major failure under s 260 of the Australian Consumer Law (NSW).' 'Whether Mr Moore was entitled to reject the caravan and obtain a refund of the purchase price and consequential damages.']

Ratio Decidendi

The Tribunal found that the caravan was a new motor vehicle, was supplied by description, and significantly departed from that description because it was described as a 2016 build but was manufactured in China in 2015. It also found that the caravan was not of acceptable quality when supplied because it had multiple defects, including safety-related defects. The failures to comply with the consumer guarantees of sale by description and acceptable quality were major failures because the caravan would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failures. Mr Moore had notified Passport Caravans that he rejected the caravan and the...

Court Disposition

Application allowed in part; refund of purchase price and consequential damages ordered, with return of the caravan and transfer documentation.

Orders

  • ['Derm Pty Limited trading as Passport Caravans is to pay Stephen Moore, the sum of $42,522.00 on or before 31 October 2017.' 'Within seven days of receiving payment as required by Order 1, Stephen Moore is to return the caravan to Derm Pty Limited trading as Passport Caravans.' 'Upon return of the caravan, Stephen...