Vanbeek v SNB Plus 3 Pty Ltd t/as Macleay Trailers and Steel Fabrications [2023] NSWCATCD 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vanbeek v SNB Plus 3 Pty Ltd t/as Macleay Trailers and Steel Fabrications [2023] NSWCATCD 163 Hearing dates: On the papers Date of orders: 11 December 2023 Decision date: 11 December 2023 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: (1) SNB Plus 3 Pty Ltd is to pay to David Vanbeek the sum of $8160.00 immediately. (2) David Vanbeek does not owe SNB Plus 3 Pty Ltd any monies claimed for storage fees. Catchwords: CONSUMER LAW: Failure to deliver goods – major failure to comply with consumer guarantee- order for price of goods and services to be refunded. Legislation Cited: Australian Consumer Law Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: David Vanbeek (Applicant) SNB Plus 3 Pty Ltd t/as Macleay Trailers and Steel Fabrications (Respondent) File Number(s): 2022/00396468 (previously GEN 22/53653) Publication restriction: Unrestricted

REASONS FOR DECISION 1. This application arises out of an agreement for the purchase of a trailer. The applicant seeks a refund of the purchase monies, whilst the respondent seeks storage costs and to retain the purchase monies. 2. The matter was listed for hearing on 7 September 2023. At the hearing the respondent was represented by Mr Brad Martin, who said that he had not received a copy of the applicant's documents. The Tribunal arranged for Registry to email and post a copy of the documents to the respondent and made directions to enable the respondent to file and serve any documents on which he wished to rely. The parties agreed that a further hearing could be dispensed with. 3. This is the decision and reasons for decision.