Sheedy v Alveco Pty Ltd [2021] NSWCATCD 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sheedy v Alveco Pty Ltd [2021] NSWCATCD 162 Hearing dates: 9 December 2020 Date of orders: 12 March 2021 [amended 17 March 2021] Decision date: 12 March 2021 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: The decision issued on 12 March 2021 is amended pursuant to section 63 of the Civil and Administrative Tribunal Act 2013 and should read as follows: (amendments are shown in bold type) 1 Alveco Pty Ltd t/as Concorde Motor Homes and Caravans is to pay to Leon Sheedy and Roslyn Sheedy the sum of $64,330 on or before 26 March 2021. Reasons: Refund of purchase price of caravan. 2 Alveco Pty Ltd t/as Concorde Motor Homes and Caravans is to collect the caravan from the applicants at XXX Warwick Road Tamworth 2340 (or such other address as may be advised in writing by the applicants to Alveco Pty Ltd t/as Concorde Motor Homes and Caravans) on or before 26 March 2021. 3 Alveco Pty Ltd t/as Concorde Motor Homes and Caravans AND Cosy Sara Pty Ltd t/as Cosy Cab Caravans jointly and severally are to pay to Leon Sheedy and Roslyn Sheedy the sum of $2620.00 on or before 26 March 2021. Reasons: Refund of registration $324.00, insurance $837.00, accommodation costs $1186.00 and filing fee $273.00. Catchwords: CONSUMER LAW — Consumer guarantees — renewal application — What constitutes repair — Major failure to comply with consumer guarantees — Rejection period Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Australian Consumer Law (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98 Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2020] FCA 1672 Texts Cited: Nil Category: Principal judgment Parties: Leon Sheedy & Roslyn Sheedy (Applicants) Alveco Pty Ltd t/as Concorde Motor Homes and Caravans (First Respondent) Cosy Sara Pty Ltd t/as Cosy Cab Caravans (Second Respondent) Representation: Applicants (Self-represented) A Stocker (Director) (First Respondent)