Hanlon v Olibob Pty Ltd t/a Cheeky Bikes [2023] NSWCATCD 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hanlon v Olibob Pty Ltd t/a Cheeky Bikes [2023] NSWCATCD 125 Hearing dates: 26 July 2023 Date of orders: 14 September 2023 Decision date: 14 September 2023 Jurisdiction: Consumer and Commercial Division Before: S Hanstein, General Member Decision: The application is dismissed. Catchwords: CONSUMER LAW — Consumer guarantees — Supply of goods and services — Guarantee as to acceptable quality — Electric mountain bike — Whether bike of acceptable quality Legislation Cited: Australian Consumer Law (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Peter Hanlon (Applicant) Olibob Pty Ltd T/A Cheeky Bikes (Respondent) Representation: Applicant in person Mr Miller (Respondent) File Number(s): GEN23/19775 Publication restriction: Nil

REASONS FOR DECISION 1. This case concerns an electric mountain bike purchased by the applicant from the respondent on 15 March 2021 at a price of $7,899. 2. The applicant claims that the vehicle is not of acceptable quality within the meaning of the Australian Consumer Law (NSW) "ACL (NSW)" and seeks a refund. 3. Both parties participated in the hearing, and I have had regard to the parties' evidence and submissions in reaching my decision.

Relevant law 1. Section 54 of the ACL (NSW) provides, relevantly: 54 Guarantee as to acceptable quality (1) If: (a) a person supplies, in trade or commerce, goods to a consumer; and (b) the supply does not occur by way of sale by auction; there is a guarantee that the goods are of acceptable quality. (2) Goods are of acceptable quality if they are as: (a) fit for all the purposes for which goods of that kind are commonly supplied; and (b) acceptable in appearance and finish; and (c) free from defects; and (d) safe; and (e) durable; as a reasonable consumer fully acquainted with the state and condition of the goods (including any hidden defects of the goods), would regard as acceptable having regard to the matters in subsection (3). (3) The matters for the purposes of subsection (2) are: (a) the nature of the goods; and (b) the price of the goods (if relevant); and (c) any statements made about the goods on any packaging or label on the goods; and (d) any representation made about the goods by the supplier or manufacturer of the goods; and (e) any other relevant circumstances relating to the supply of the goods. ... (6) Goods do not fail to be of acceptable quality if: (a) the consumer to whom they are supplied causes them to become of unacceptable quality, or fails to take reasonable steps to prevent them from becoming of unacceptable quality; and (b) they are damaged by abnormal use.