Williams v Australian Motor Homes Pty Ltd & Knott Investments Pty Ltd trading as Avida Recreational Vehicles [2017] NSWCATCD 51

Williams v Australian Motor Homes Pty Ltd & Knott Investments Pty Ltd trading as Avida Recreational Vehicles [2017] NSWCATCD 51

The motorhome was not of acceptable quality at the time of supply due to defects including water ingress and mould, but most defects were repaired at no cost. The failure to comply with the guarantee was not a major failure, and the applicant did not reject the goods in accordance with statutory procedure, thus not entitled to a refund; however, Avida must remedy the remaining issues of mould and ensure television functionality.

Parties
Applicant: Roy Williams; First Respondent: Australian Motor Homes Pty Ltd; Second Respondent: Knott Investments Pty Ltd trading as Avida Recreational Vehicles
Jurisdiction
Australia
Judgment Date
04 July 2017
Procedural Posture
Consumer Claim / Final Determination
Outcome
Partially granted
Legal Topics
Consumer Guarantee, Acceptable Quality, Australian Consumer Law, Remedies for Defective Goods
Consumer Law Consumer Guarantee Acceptable Quality Australian Consumer Law Remedies for Defective Goods

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Parties

Roy Williams

Applicant

Australian Motor Homes Pty Ltd

First Respondent

Knott Investments Pty Ltd trading as Avida Recreational Vehicles

Second Respondent

Procedural Posture

Consumer Claim / Final Determination

Legal Issues

  1. 1 Whether the motorhome supplied was of acceptable quality under section 54 of the Australian Consumer Law (NSW)
  2. 2 Whether there was a major failure to comply with the guarantee as to acceptable quality
  3. 3 Whether the failure has been remedied

Ratio Decidendi

The motorhome was not of acceptable quality at the time of supply due to defects including water ingress and mould, but most defects were repaired at no cost. The failure to comply with the guarantee was not a major failure, and the applicant did not reject the goods in accordance with statutory procedure, thus not entitled to a refund; however, Avida must remedy the remaining issues of mould and ensure television functionality.

Court Disposition

Partially granted

Orders

  • Knott Investments Pty Ltd trading as Avida Recreational Vehicles is to engage a professional mould removal and remediation company to inspect, test, remove and treat all mould affected areas in the Applicant's motor home, including moisture testing and eliminating mould spores, on or before 31-Jul-2017.
  • Inspect the main 240 volt television, to ensure it works; repair or replace if necessary.