Felice v Mercedes-Benz Group Australia/Pacific Pty Ltd [2024] NSWCATCD 12

Felice v Mercedes-Benz Group Australia/Pacific Pty Ltd [2024] NSWCATCD 12

The contract description of the vehicle included the U59 Seat Comfort Package, and at the relevant time that package included fully electrical front seats with memory functions. Supplying the vehicle without that feature was a significant departure from the description and therefore a major failure to comply with the consumer guarantee in s 56 of the Australian Consumer Law (NSW). The applicant complained on delivery and rejected the vehicle by email on 6 May 2022, 13 days after supply, which was within the rejection period. He was therefore entitled to return the vehicle and receive a refund of the purchase price, subject to directions dealing with discharge of the dealer-related finance...

Jurisdiction
Australia
Judgment Date
08 January 2024
Procedural Posture
Consumer Claim / Principal Judgment After Special Fixture Hearing
Outcome
Application allowed against the first respondent; vehicle to be returned and purchase price refunded with dealer-related finance discharged first.
Legal Topics
['australian Consumer Law Consumer Guarantees' 'supply of Goods by Description' 'major Failure' 'rejection of Goods' 'refund Where Motor Vehicle Purchase Funded by Dealer Related Finance']
['consumer Law' 'fair Trading' 'motor Vehicle Sales'] ['australian Consumer Law Consumer Guarantees' 'supply of Goods by Description' 'major Failure' 'rejection of Goods' 'refund Where Motor Vehicle Purchase Funded by Dealer Related Finance']

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Procedural Posture

Consumer Claim / Principal Judgment After Special Fixture Hearing

Legal Issues

  1. 1 ['Whether the description of the motor vehicle at the time of supply incorporated fully electrical front seats with memory functions as part of the U59 Seat Comfort Package.' 'Whether failure to supply the motor vehicle with that feature was a significant departure from its description and therefore a major failure under the Australian Consumer Law (NSW).' 'Whether the applicant rejected the motor vehicle in accordance with the Australian Consumer Law (NSW).' 'Whether the applicant rejected the motor vehicle within the rejection period.' 'What remedy the applicant was entitled to, including how to account for dealer-related finance.']

Ratio Decidendi

The contract description of the vehicle included the U59 Seat Comfort Package, and at the relevant time that package included fully electrical front seats with memory functions. Supplying the vehicle without that feature was a significant departure from the description and therefore a major failure to comply with the consumer guarantee in s 56 of the Australian Consumer Law (NSW). The applicant complained on delivery and rejected the vehicle by email on 6 May 2022, 13 days after supply, which was within the rejection period. He was therefore entitled to return the vehicle and receive a refund of the purchase price, subject to directions dealing with discharge of the dealer-related finance...

Court Disposition

Application allowed against the first respondent; vehicle to be returned and purchase price refunded with dealer-related finance discharged first.

Orders

  • ['Shane Felice must return Mercedes-Benz A 250 4Matic (VIN W1K1771472J344958) to Mercedes-Benz Group Australia/Pacific Pty Ltd by delivering it to Tynan Motors Pty Ltd, and do all things necessary to transfer ownership of that motor vehicle to Mercedes-Benz Group Australia/Pacific Pty Ltd, by 31 January 2024.'...