Ashley Emonson v Jason Wagga Pty Ltd trading as Jason Nissan [2014] NSWCATCD 258

Ashley Emonson v Jason Wagga Pty Ltd trading as Jason Nissan [2014] NSWCATCD 258

The Tribunal was satisfied on the balance of probabilities that the chassis was bent at the time of sale. The visible lean rendered the vehicle unacceptable in appearance, and the bent and offset chassis was a defect, breaching the guarantee of acceptable quality under s 54 of the Australian Consumer Law. The bent chassis was a major defect or major failure, particularly because repair attempts had not rectified the problem and the chassis was the structural skeleton of the vehicle. The vehicle supplied also did not match the description in the contract because the VIN numbers did not correspond, breaching s 56. The appropriate remedy was payment of $39,012.57, reflecting the price and...

Jurisdiction
Australia
Judgment Date
18 December 2014
Procedural Posture
Consumer Claim Concerning Purchase of a New Motor Vehicle / Principal Judgment
Outcome
Application allowed; respondent ordered to pay compensation and applicant ordered to return the vehicle.
Legal Topics
['acceptable Quality' 'goods Matching Description' 'major Failure' 'consumer Remedies' 'refund and Return of Goods']
['consumer Law' 'motor Vehicles'] ['acceptable Quality' 'goods Matching Description' 'major Failure' 'consumer Remedies' 'refund and Return of Goods']

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 Concerning Purchase of a New Motor Vehicle / Principal Judgment

Legal Issues

  1. 1 ['Was the chassis bent at the time of sale?' 'Is there a breach of the consumer guarantee of acceptable quality under Australian Consumer Law?' 'Does the bent chassis represent a major failure?' 'Is there a breach of the consumer guarantee that goods match their description?' 'If a breach is established what is the remedy and quantum']

Ratio Decidendi

The Tribunal was satisfied on the balance of probabilities that the chassis was bent at the time of sale. The visible lean rendered the vehicle unacceptable in appearance, and the bent and offset chassis was a defect, breaching the guarantee of acceptable quality under s 54 of the Australian Consumer Law. The bent chassis was a major defect or major failure, particularly because repair attempts had not rectified the problem and the chassis was the structural skeleton of the vehicle. The vehicle supplied also did not match the description in the contract because the VIN numbers did not correspond, breaching s 56. The appropriate remedy was payment of $39,012.57, reflecting the price and...

Court Disposition

Application allowed; respondent ordered to pay compensation and applicant ordered to return the vehicle.

Orders

  • ['The respondent Jason Wagga Pty Ltd is to pay the sum of $39,012.57 to Ashley Emonson on or before 19 December 2014.' 'The applicant Ashley Emonson is to return motor vehicle being a NissanNavara dual cab VIN xxxxxxxxxx9330 to Jason Wagga Pty Ltd on or before 19 December 2014.']