Campbell v Caravan & RV Central Pty Ltd t/as Avan New South Wales & FCA Australia Pty Ltd [2016] NSWCATCD 90

Campbell v Caravan & RV Central Pty Ltd t/as Avan New South Wales & FCA Australia Pty Ltd [2016] NSWCATCD 90

The Motorhome was a high-value new motor vehicle supplied for long-distance recreational travel, but latent and recurring defects in its fuel management system, flooring, awnings, turbo charger and wiring loom meant it was not free from defects, safe, durable or fit for its common and represented purpose. Those defects went beyond teething problems and a reasonable consumer fully acquainted with them would not have acquired the Motorhome, so the failure to comply with the guarantee as to acceptable quality was a major failure. The Applicant rejected the Motorhome within the rejection period, and a fair and equitable refund was the amount actually paid, $109,000.00, less a notional...

Jurisdiction
Australia
Judgment Date
03 November 2016
Procedural Posture
Consumer Claim Concerning Return of Goods and Refund for a Motorhome / Principal Judgment After Hearing
Outcome
The Application was allowed in part; the First Respondent was ordered to refund $104,000.00 on return of the Motorhome, and the Application was otherwise dismissed.
Legal Topics
['australian Consumer Law Guarantee as to Acceptable Quality' 'major Failure' 'rejection of Goods' 'refund of Purchase Price' 'new Motor Vehicle Exception to Tribunal Monetary Limit' 'joint Liability']
['consumer Law' 'motor Vehicles' 'civil Procedure'] ['australian Consumer Law Guarantee as to Acceptable Quality' 'major Failure' 'rejection of Goods' 'refund of Purchase Price' 'new Motor Vehicle Exception to Tribunal Monetary Limit' 'joint Liability']

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Procedural Posture

Consumer Claim Concerning Return of Goods and Refund for a Motorhome / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Motorhome was of acceptable quality within the meaning of section 54 of the Australian Consumer Law.' 'Whether any failure to comply with the guarantee as to acceptable quality was a major failure entitling the Applicant to reject the Motorhome and obtain a refund.' 'Whether the Applicant rejected the Motorhome within the rejection period allowed by section 262 of the Australian Consumer Law.' 'Whether repairs already performed remedied the failure if it was not a major failure.' 'What remedy was fair and equitable to all parties under section 79U(1) of the Fair Trading Act 1987.' 'Whether orders should be made against one or both Respondents where the Motorhome was the product of two manufacturing processes.']

Ratio Decidendi

The Motorhome was a high-value new motor vehicle supplied for long-distance recreational travel, but latent and recurring defects in its fuel management system, flooring, awnings, turbo charger and wiring loom meant it was not free from defects, safe, durable or fit for its common and represented purpose. Those defects went beyond teething problems and a reasonable consumer fully acquainted with them would not have acquired the Motorhome, so the failure to comply with the guarantee as to acceptable quality was a major failure. The Applicant rejected the Motorhome within the rejection period, and a fair and equitable refund was the amount actually paid, $109,000.00, less a notional...

Court Disposition

The Application was allowed in part; the First Respondent was ordered to refund $104,000.00 on return of the Motorhome, and the Application was otherwise dismissed.

Orders

  • ['Pursuant to section 79N(h) of the Fair Trading Act 1987, the First Respondent, Caravan & RV Central Pty Ltd trading as Avan New South Wales, 2142-2150 Castlereagh Street Penrith NSW 2751 is to pay the Applicant, Frederick Joseph Campbell, 129 Lakeline Drive Kanahooka NSW 2530 the sum of $104,000.00 within...