Sheedy v Alveco Pty Ltd [2021] NSWCATCD 162

Sheedy v Alveco Pty Ltd [2021] NSWCATCD 162

Cosy Cabs did not repair the caravan floor within the meaning of the consent order because the defective original flooring was left in place and merely supported with additional ply and steel, leaving unresolved issues including delamination and lipping. The applicants were therefore entitled to renew the proceedings. The caravan was not of acceptable quality when supplied because its floor was defective, not acceptable in appearance and finish, and not as durable as a reasonable consumer would expect of a new caravan costing more than $64,000. The flooring defect was a major failure because a reasonable consumer fully acquainted with the nature and extent of the defect would not have...

Jurisdiction
Australia
Judgment Date
12 March 2021
Procedural Posture
Consumer Claim Concerning a Caravan and Alleged Failure to Comply With Australian Consumer Law Guarantees / Renewal Proceedings After Consent Orders Requiring Inspection, Written Advice of Proposed Repairs, and Repair of the Caravan Floor
Outcome
Renewal application granted; applicants entitled to reject the caravan; refund, collection and compensation orders made.
Legal Topics
['consumer Guarantees' 'acceptable Quality' 'major Failure' 'rejection of Goods' 'rejection Period' 'renewal of Proceedings' 'caravan Defects' 'repair Orders']
['consumer Law' 'civil and Administrative Tribunal Procedure'] ['consumer Guarantees' 'acceptable Quality' 'major Failure' 'rejection of Goods' 'rejection Period' 'renewal of Proceedings' 'caravan Defects' 'repair Orders']

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Procedural Posture

Consumer Claim Concerning a Caravan and Alleged Failure to Comply With Australian Consumer Law Guarantees / Renewal Proceedings After Consent Orders Requiring Inspection, Written Advice of Proposed Repairs, and Repair of the Caravan Floor

Legal Issues

  1. 1 ["Whether there had been a failure to comply with the Tribunal's order such as to entitle the applicants to renew the application and give the Tribunal jurisdiction." 'Whether the defects in the caravan meant there had been a failure to comply with the consumer guarantees in the Australian Consumer Law, and whether the failure could be easily remedied or was a major failure.' 'Whether the rejection period under the Australian Consumer Law had ended when the applicants rejected the caravan in November 2019, and what effect the agreement to have the caravan repaired had on any rights under the Australian Consumer Law.']

Ratio Decidendi

Cosy Cabs did not repair the caravan floor within the meaning of the consent order because the defective original flooring was left in place and merely supported with additional ply and steel, leaving unresolved issues including delamination and lipping. The applicants were therefore entitled to renew the proceedings. The caravan was not of acceptable quality when supplied because its floor was defective, not acceptable in appearance and finish, and not as durable as a reasonable consumer would expect of a new caravan costing more than $64,000. The flooring defect was a major failure because a reasonable consumer fully acquainted with the nature and extent of the defect would not have...

Court Disposition

Renewal application granted; applicants entitled to reject the caravan; refund, collection and compensation orders made.

Orders

  • ['Alveco Pty Ltd t/as Concorde Motor Homes and Caravans is to pay to Leon Sheedy and Roslyn Sheedy the sum of $64,330 on or before 26 March 2021. Reasons: Refund of purchase price of caravan.' 'Alveco Pty Ltd t/as Concorde Motor Homes and Caravans is to collect the caravan from the applicants at XXX Warwick Road...