Lesniewicz v Tony Azzi (Automobiles) Pty Ltd t/as Larke Hoskins Honda Homebush [2014] NSWCATCD 37

Lesniewicz v Tony Azzi (Automobiles) Pty Ltd t/as Larke Hoskins Honda Homebush [2014] NSWCATCD 37

The vehicle supplied was not of acceptable quality, failed shortly after purchase, and repairs by the first respondent were inadequate. The applicants are entitled to a refund of the purchase price from the first respondent and partial refund for the warranty from the second respondent, as neither rectified the defects and the purchase of the warranty did not extinguish the applicants’ statutory rights.

Jurisdiction
Australia
Judgment Date
26 March 2014
Procedural Posture
Consumer Claim / Final Judgment
Outcome
judgment for applicants
Legal Topics
['consumer Protection' 'warranties' 'sale of Goods' 'refunds' 'breach of Contract']
['consumer Law' 'contract Law'] ['consumer Protection' 'warranties' 'sale of Goods' 'refunds' 'breach of Contract']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Consumer Claim / Final Judgment

Legal Issues

  1. 1 ['whether the supplied motor vehicle was of acceptable quality' 'whether the first respondent breached requirements under Australian Consumer Law by supplying faulty goods' 'entitlement to refund for purchase price and warranty' 'effect of third party warranty on consumer rights']

Ratio Decidendi

The vehicle supplied was not of acceptable quality, failed shortly after purchase, and repairs by the first respondent were inadequate. The applicants are entitled to a refund of the purchase price from the first respondent and partial refund for the warranty from the second respondent, as neither rectified the defects and the purchase of the warranty did not extinguish the applicants’ statutory rights.

Court Disposition

judgment for applicants

Orders

  • ['The first respondent Tony Azzi (Automobiles) Pty Ltd t/as Larke Hoskins Honda Homebush is to pay the applicants Adam and Kirsty Lesniewicz the sum of $26,990.00 on or before 4 April 2014.' 'The second respondent National Warranty Company Pty Ltd is to pay the applicants Adam and Kirsty Lesniewicz the sum of...