Ryan James Poolman v Ibuytrader Pty Ltd [2014] NSWCATCD 246

Ryan James Poolman v Ibuytrader Pty Ltd [2014] NSWCATCD 246

The respondent breached sections 18 and 54 of the Australian Consumer Law by advertising and selling the vehicle as a 'GX' model in excellent condition while it was actually a modified 'Workmate' model with significant corrosion and mechanical issues, entitling the applicant to damages for the difference in value,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 December 2014
Procedural Posture
Consumer and Commercial Claim / Final Decision
Outcome
The respondent is to pay the applicant the sum of $12,032.77 immediately.
Legal Topics
['misleading or Deceptive Conduct' 'acceptable Quality' 'damages' 'motor Vehicle Sales']
['consumer Law' 'contract Law'] ['misleading or Deceptive Conduct' 'acceptable Quality' 'damages' 'motor Vehicle Sales']

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Procedural Posture

Consumer and Commercial Claim / Final Decision

Legal Issues

  1. 1 ['Whether the respondent engaged in misleading or deceptive conduct under section 18 of the Australian Consumer Law' 'Whether the motor vehicle was of acceptable quality as required by section 54 of the Australian Consumer Law' 'Assessment of appropriate remedy or compensation for breaches found']

Ratio Decidendi

The respondent breached sections 18 and 54 of the Australian Consumer Law by advertising and selling the vehicle as a 'GX' model in excellent condition while it was actually a modified 'Workmate' model with significant corrosion and mechanical issues, entitling the applicant to damages for the difference in value, cost of repairs, and initial losses proved, assessed as fair and equitable to both parties.

Court Disposition

The respondent is to pay the applicant the sum of $12,032.77 immediately.

Orders

  • ['The respondent, Ibuytrader Pty Ltd, is to pay the applicant, Ryan James Poolman, the sum of $12,032.77 immediately.']