Alert Learning Pty Ltd v Linda Christine Richards and Raymond John Richards [2014] NSWCATCD 86

Alert Learning Pty Ltd v Linda Christine Richards and Raymond John Richards [2014] NSWCATCD 86

The bowls supplied did not meet the applicant’s requirements for incremental sizing and appropriate tonal arrangement for the disclosed purpose in a multi-sensory learning system; there was a major failure under s 55 and s 259(3) ACL, entitling the applicant to reject the goods and obtain a refund. Respondents must...

Source-derived case information.

Parties
Applicant: Alert Learning Pty Ltd; Respondent: Linda Christine Richards; Respondent: Raymond John Richards
Jurisdiction
Australia
Judgment Date
17 June 2014
Procedural Posture
Consumer Claim / Principal Judgment
Outcome
applicant's claim upheld; refund and return ordered
Legal Topics
Fit for Purpose, Major Failure, Remedies, Australian Consumer Law
Consumer Law Fit for Purpose Major Failure Remedies Australian Consumer Law

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Parties

Alert Learning Pty Ltd

Applicant

Linda Christine Richards

Respondent

Raymond John Richards

Respondent

Procedural Posture

Consumer Claim / Principal Judgment

Legal Issues

  1. 1 Whether the goods supplied (chakra crystal singing bowls) were fit for the disclosed purpose
  2. 2 Whether there was a major failure under the Australian Consumer Law
  3. 3 Entitlement to reject goods and obtain refund

Ratio Decidendi

The bowls supplied did not meet the applicant’s requirements for incremental sizing and appropriate tonal arrangement for the disclosed purpose in a multi-sensory learning system; there was a major failure under s 55 and s 259(3) ACL, entitling the applicant to reject the goods and obtain a refund. Respondents must collect the goods due to significant return cost.

Court Disposition

applicant's claim upheld; refund and return ordered

Orders

  • The respondents must pay to the applicant within fourteen (14) days of the decision date the sum of $3,000.00.
  • On or before 10 July 2014 the respondents must pick up the set of eight (8) chakra crystal singing bowls from the place nominated by the applicant and at a time and date that is mutually convenient to the parties.