Wise v Green Initiatives Pty Ltd [2015] NSWCATCD 130

Wise v Green Initiatives Pty Ltd [2015] NSWCATCD 130

The Tribunal found that the applicants failed to establish that the respondent's representations were misleading for the purposes of section 18 of the Australian Consumer Law and failed to show the system breached any consumer guarantees, as a reasonable person would have checked the claims and there was insufficient evidence that the system was too large or underperforming.

Parties
Applicant: John Wise; Applicant: Leanne Joy Wise; Respondent: Green Initiatives Pty Ltd
Jurisdiction
Australia
Judgment Date
29 October 2015
Procedural Posture
Consumer Claim / Principal Judgment
Outcome
Application dismissed
Legal Topics
Misleading Conduct, Consumer Guarantees, Solar Power Systems
Consumer Law Misleading Conduct Consumer Guarantees Solar Power Systems

Case Brief

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Parties

John Wise

Applicant

Leanne Joy Wise

Applicant

Green Initiatives Pty Ltd

Respondent

Procedural Posture

Consumer Claim / Principal Judgment

Legal Issues

  1. 1 Whether the representations made by the respondent were misleading or deceptive under section 18 of the Australian Consumer Law
  2. 2 Whether the system provided breached any consumer guarantees under the Australian Consumer Law

Ratio Decidendi

The Tribunal found that the applicants failed to establish that the respondent's representations were misleading for the purposes of section 18 of the Australian Consumer Law and failed to show the system breached any consumer guarantees, as a reasonable person would have checked the claims and there was insufficient evidence that the system was too large or underperforming.

Court Disposition

Application dismissed

Orders

  • The application is dismissed