Cummings v Aluma Trailers Pty Ltd [2023] NSWCATCD 91

Cummings v Aluma Trailers Pty Ltd [2023] NSWCATCD 91

The trailer was not of acceptable quality at the time of supply because it lacked a VIN plate or stamped VIN, lacked required compliance certificates, could not be registered, and had numerous defects affecting structure, braking, suspension, electrical/LPG components, workmanship and the slide out. The Tribunal preferred the applicants' expert evidence and found the defects meant the trailer was not fit for purpose, acceptable in appearance and finish, free from defects, safe or durable. Taken together, the defects constituted a major failure because a reasonable consumer fully acquainted with them would not have acquired the trailer, particularly given the new custom trailer price of...

Jurisdiction
Australia
Judgment Date
24 August 2023
Procedural Posture
Consumer and Commercial Division Consumer Claim Concerning Rejection and Refund of a Custom Gooseneck Horse Trailer / Principal Judgment After Hearings on 12 April 2023 and 5 June 2023
Outcome
Application allowed; the respondent must accept return of the trailer and refund the applicants $209,000, with transfer of unencumbered title after payment.
Legal Topics
['consumer Guarantees' 'acceptable Quality' 'fitness for Purpose' 'major Failure' 'rejection of Goods' 'rejection Period' 'defective Goods' 'refund Remedy']
['consumer Law' 'motor Vehicle Consumer Claims'] ['consumer Guarantees' 'acceptable Quality' 'fitness for Purpose' 'major Failure' 'rejection of Goods' 'rejection Period' 'defective Goods' 'refund Remedy']

Case Brief

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Procedural Posture

Consumer and Commercial Division Consumer Claim Concerning Rejection and Refund of a Custom Gooseneck Horse Trailer / Principal Judgment After Hearings on 12 April 2023 and 5 June 2023

Legal Issues

  1. 1 ['Whether Aluma Trailers Pty Ltd failed to comply with the guarantee as to acceptable quality in supplying the trailer to the applicants.' 'Whether any failure to comply with the guarantee as to acceptable quality was a major failure.' 'Whether the applicants were entitled to reject the trailer within the rejection period.' 'What remedy and orders were necessary to do justice between the parties.']

Ratio Decidendi

The trailer was not of acceptable quality at the time of supply because it lacked a VIN plate or stamped VIN, lacked required compliance certificates, could not be registered, and had numerous defects affecting structure, braking, suspension, electrical/LPG components, workmanship and the slide out. The Tribunal preferred the applicants' expert evidence and found the defects meant the trailer was not fit for purpose, acceptable in appearance and finish, free from defects, safe or durable. Taken together, the defects constituted a major failure because a reasonable consumer fully acquainted with them would not have acquired the trailer, particularly given the new custom trailer price of...

Court Disposition

Application allowed; the respondent must accept return of the trailer and refund the applicants $209,000, with transfer of unencumbered title after payment.

Orders

  • ['Aluma Trailers Pty Ltd must immediately accept Craig and Sally Cummings return of the 2021 Aluma Custom 4HAL Gooseneck trailer, 8\' wide, 7\'6" internal height, overall length 35ft with Living Quarters with Full Size Slide Out and External Storage.' 'Aluma Trailers Pty Ltd must pay Craig and Sally Cummings the sum...