Geoff Conway v Clarke Traeger and Ors [2014] NSWCATCD 175

Geoff Conway v Clarke Traeger and Ors [2014] NSWCATCD 175

The trader made false and misleading representations regarding both the expected performance of the system and his affiliation, which misled the applicant to purchase the product. Compensation was calculated based on the difference between actual and represented savings, with future loss discounted pursuant to statute.

Jurisdiction
Australia
Judgment Date
19 September 2014
Procedural Posture
Consumer Claim / Final Decision
Outcome
Judgment for applicant against fourth respondent
Legal Topics
['misrepresentation' 'misleading and Deceptive Conduct' 'consumer Remedies' 'assessment of Loss' 'costs in Tribunal Proceedings']
['consumer Law' 'contract Law'] ['misrepresentation' 'misleading and Deceptive Conduct' 'consumer Remedies' 'assessment of Loss' 'costs in Tribunal Proceedings']

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 / Final Decision

Legal Issues

  1. 1 ['Whether the trader made false and misleading representations as to potential savings from a solar PV system and his affiliation with a business' 'Whether the consumer is entitled to compensation for loss resulting from misleading and deceptive conduct']

Ratio Decidendi

The trader made false and misleading representations regarding both the expected performance of the system and his affiliation, which misled the applicant to purchase the product. Compensation was calculated based on the difference between actual and represented savings, with future loss discounted pursuant to statute.

Court Disposition

Judgment for applicant against fourth respondent

Orders

  • ['The fourth respondent Clarke Traeger is to pay the applicant Geoff Conway the sum of $6133.89 on or before 24 September 2014.' 'All other claims are dismissed.']