Aloe v LSH Auto (Sydney) Pty Ltd & Anor [2023] NSWCATCD 174

Aloe v LSH Auto (Sydney) Pty Ltd & Anor [2023] NSWCATCD 174

The Tribunal found that although the demonstration GLA 200 had electric and memory seats, the applicant and her husband engaged in the process of selecting the specifications for the GLA 200 and agreed to the equipment set out in the GLA 200 Contract, which did not include electric or memory seats. Section 57 required correspondence with the demonstration model, not exact identity, and the intermediate contractual specification process meant the respondents were not obliged to supply a vehicle exactly matching the demonstrator. The delivered vehicle matched the contract, so there was no breach of s 57 or arguable breach of s 56.

Jurisdiction
Australia
Judgment Date
20 October 2023
Procedural Posture
Consumer Claim Concerning Supply of Goods and Consumer Guarantees / Principal Judgment After Hearing
Outcome
The application is dismissed.
Legal Topics
['consumer Guarantees' 'supply of Goods by Sample or Demonstration Model' 'goods Matching Contractual Specifications' 'australian Consumer Law (nsw) S 57']
['consumer Law' 'motor Vehicle Sales'] ['consumer Guarantees' 'supply of Goods by Sample or Demonstration Model' 'goods Matching Contractual Specifications' 'australian Consumer Law (nsw) S 57']

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Procedural Posture

Consumer Claim Concerning Supply of Goods and Consumer Guarantees / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the GLA 200 supplied to the applicant breached the consumer guarantee in s 57 of the Australian Consumer Law (NSW) because the demonstration model test driven had electrically adjustable seats with memory function but the delivered vehicle did not.' 'Whether the GLA 200 corresponded with the description in the GLA 200 Contract for the purposes of s 56 of the Australian Consumer Law (NSW).' 'What was communicated to the applicant and her husband about the demonstration model and the specifications of the GLA 200 before the contract was entered into.']

Ratio Decidendi

The Tribunal found that although the demonstration GLA 200 had electric and memory seats, the applicant and her husband engaged in the process of selecting the specifications for the GLA 200 and agreed to the equipment set out in the GLA 200 Contract, which did not include electric or memory seats. Section 57 required correspondence with the demonstration model, not exact identity, and the intermediate contractual specification process meant the respondents were not obliged to supply a vehicle exactly matching the demonstrator. The delivered vehicle matched the contract, so there was no breach of s 57 or arguable breach of s 56.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']