Ingold v Coastal Caravans Pty Ltd [2016] NSWCATCD 12

Ingold v Coastal Caravans Pty Ltd [2016] NSWCATCD 12

The caravan was found not to be of acceptable quality because it had significant defects, including a cut and re-welded chassis and damage requiring extensive repairs. The failure to comply with the consumer guarantee was major, and the applicant was entitled to a refund.

Jurisdiction
Australia
Judgment Date
04 February 2016
Procedural Posture
Consumer Claim / Final Hearing and Determination
Outcome
Application allowed. Orders for refund and associated transfer of caravan.
Legal Topics
['consumer Guarantees' 'acceptable Quality' 'remedy for Major Failure']
['consumer Law'] ['consumer Guarantees' 'acceptable Quality' 'remedy for Major Failure']

Case Brief

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Procedural Posture

Consumer Claim / Final Hearing and Determination

Legal Issues

  1. 1 ['Whether the caravan supplied was of acceptable quality under the Australian Consumer Law']

Ratio Decidendi

The caravan was found not to be of acceptable quality because it had significant defects, including a cut and re-welded chassis and damage requiring extensive repairs. The failure to comply with the consumer guarantee was major, and the applicant was entitled to a refund.

Court Disposition

Application allowed. Orders for refund and associated transfer of caravan.

Orders

  • ['Coastal Caravans Pty Ltd is to pay Greg Ingold the sum of $64,708.00 on or before 13 January 2016.' 'When the order to pay money is complied with, Coastal Caravans Pty Ltd may collect the caravan from Branxton NSW, by arrangement, on or before 13 March 2016. Upon collection, ownership passes to Coastal Caravans...