Edwards v Caravan & RV Central Pty Ltd [2022] NSWCATCD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Edwards v Caravan & RV Central Pty Ltd [2022] NSWCATCD 26 Hearing dates: 6 October 2021 Date of orders: 12 January 2022 Decision date: 12 January 2022 Jurisdiction: Consumer and Commercial Division Before: D Charles, Senior Member Decision: 1. The Respondent, Caravan & RV Central Pty Limited is to pay to the Applicants, Tony Edwards and Lynette Edwards, within 28 days of the date of these orders, the sum of $26,016.74. 2. If a party seeks an order for costs leave is granted to file and serve a short written submission (no more than 5 A4 size pages) on that issue only within 28 days of the date of these orders. 3. Leave is granted to the other party to file and serve a short written submission in reply (no more than 5 A4 size pages) within a further period of 28 days. 4. Any reply submissions of the costs applicant (no more than 3 A4 size pages) are to be filed and served within a further 14 days. 5. In any such submissions the parties are to address the matter of whether pursuant to the provisions of the Civil and Administrative Tribunal Act 2013 NSW, s 50(2), the Tribunal should dispense with a hearing on the issue of costs so that the issue is decided on the papers lodged with the Tribunal and with appearances of the parties not required. Catchwords: CONSUMER CLAIM – Failure of a new caravan - Claim against retailer – Whether caravan was of unacceptable quality and unfit for purpose – Application of Australian Consumer Law NSW - Breach of consumer guarantees – Appropriate remedies Legislation Cited: Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Motor Dealers and Repairers' Act 2013 (NSW) Motor Vehicles Taxation Act 1988 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Edwards v Caravan & RV Central Pty Ltd [2021] NSWCATAP 171 Safi v Heartland Motors Pty Ltd t/as Heartland Chrysler [2016] NSWCATAP 80 Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2020] FCA 1672 Vautin v BY Winddown Inc. (formerly Bertram Yachts) (No 4) [2018] FCA 426 Troulis v Vamvoukakis [1998] NSWCA 237 Hadley v Baxendale [1854] EngR 296; (1854) 9 Ex 341; (1854) 156 ER 145 Texts Cited: Nil Category: Principal judgment Parties: Tony Edwards (First Applicant) Lynette Edwards (Second Applicant) Caravan & RV Central Pty Ltd (Respondent) Representation: Counsel: R Varshney (Applicants)