Ron Cameron (applicant); Ozzy Tyres Pty Ltd (respondent) [2015] NSWCATCD 68

Ron Cameron (applicant); Ozzy Tyres Pty Ltd (respondent) [2015] NSWCATCD 68

The respondent breached the consumer guarantees under the Australian Consumer Law by supplying goods and services not fit for purpose and not rendered with due care and skill. However, the applicant failed to provide adequate evidence of the cost of rectification and value loss, limiting recovery to a refund of amounts paid ($2,200) and requiring return of the wheels and tyres, with only nominal damages awarded for physical damage.

Parties
Applicant: Ron Cameron; Respondent: Ozzy Tyres Pty Ltd
Jurisdiction
Australia
Judgment Date
30 June 2015
Procedural Posture
Consumer Claim / Principal Judgment
Outcome
Applicant partially successful; respondent ordered to pay $2,200 with return of goods; claim otherwise dismissed.
Legal Topics
Due Care and Skill, Acceptable Quality, Nominal Damages, Statutory Consumer Guarantees
Consumer Law Contract Law Due Care and Skill Acceptable Quality Nominal Damages Statutory Consumer Guarantees

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Parties

Ron Cameron

Applicant

Ozzy Tyres Pty Ltd

Respondent

Procedural Posture

Consumer Claim / Principal Judgment

Legal Issues

  1. 1 Whether the respondent breached statutory consumer guarantees under the Australian Consumer Law in the sale of wheels and tyres and related services
  2. 2 Assessment of damages resulting from any such breach

Ratio Decidendi

The respondent breached the consumer guarantees under the Australian Consumer Law by supplying goods and services not fit for purpose and not rendered with due care and skill. However, the applicant failed to provide adequate evidence of the cost of rectification and value loss, limiting recovery to a refund of amounts paid ($2,200) and requiring return of the wheels and tyres, with only nominal damages awarded for physical damage.

Court Disposition

Applicant partially successful; respondent ordered to pay $2,200 with return of goods; claim otherwise dismissed.

Orders

  • Ozzy Tyres Pty Ltd to pay Ron Cameron $2,200.00 on or before 14 days from the date of this decision.
  • Ron Cameron to return the wheels and tyres purchased from Ozzy Tyres Pty Ltd, with the wheels and tyres to be returned to Ozzy Tyres Pty Ltd on or before 14 days from the date of this decision.