Neate v Foundry One Pty Ltd trading as Rolling Homes Australia [2021] NSWCATCD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Neate v Foundry One Pty Ltd trading as Rolling Homes Australia [2021] NSWCATCD 29 Hearing dates: 26 May 2021 Date of orders: 9 June 2021 Decision date: 09 June 2021 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: (1) The applicant, Karin Neate: (a) Is to remove all connections of services and the solar panels of the tiny house so that it can be moved; (b) is to remove her personal items from the tiny house and vacate it; (c) is to give not less than five (5) working days' notice to the respondent, Foundry One Pty Ltd trading as Rolling Homes Australia, of the applicant, Karin Neate intention to move the tiny house to a safe location on a particular business day and at a particular time to outside the boundary of the land on which the tiny house is currently located to a point nominated by the respondent, Foundry One Pty Ltd trading as Rolling Homes Australia, so that Foundry One Pty Ltd trading as Rolling Homes Australia may take delivery of the tiny house. (2) The tiny house will be at the respondent, Foundry One Pty Ltd trading as Rolling Homes Australia risk from the time that it takes delivery of the tiny house; (3) The respondent, Foundry One Pty Ltd trading as Rolling Homes Australia will pay to the applicant Karin Neate the amount of $1200.00 upon taking delivery of the tiny house. (4) The respondent, Foundry One Pty Ltd trading as Rolling Homes Australia, will carry out the works identified in Table 1 of these Reasons for Decision as Items 1, 2, 3, 4, 5,6 ,7 ,8, 9, 10, 11, 12, 13, 14,15, 16, 23, 24 ,25 ,26 ,27 and 28 within four (4) weeks of taking delivery of the tiny house; (5) The respondent, Foundry One Pty Ltd trading as Rolling Homes Australia, will give the applicant Karin Neate not less than five (5) business days' notice of the time and date of their intention to return the tiny house to the boundary of the site upon which the tiny house was located and in the position that it was picked up from. (6) The tiny house will be at the applicant, Karin Neate's risk from the time that it is delivered to the external boundary of the site where it is currently located. Catchwords: CONSUMER LAW - Contract - Supply of goods - Goods of acceptable quality Legislation Cited: Motor Dealers and Repairers Act 2013 (NSW) Home Building Act 1989 (NSW) Fair Trading Act 1987(NSW) Cases Cited: Makita v Sproule [2001] NSWCA 305 Category: Principal judgment Parties: Karin Neate (Applicant) Foundry One Pty Ltd trading as Rolling Homes Australia (Respondent) Representation: Solicitors: Stuart Frumar (Respondent) File Number(s): MV20/43208 Publication restriction: None