Solid Az Concrete Pty Ltd v Stellantis (Australia and New Zealand) Pty Ltd [2024] NSWCATCD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Solid Az Concrete Pty Ltd v Stellantis (Australia and New Zealand) Pty Ltd [2024] NSWCATCD 29 Hearing dates: 24 November 2023 Date of orders: 07 February 2024 Decision date: 07 February 2024 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: (1) The name of the applicant is amended to Solid Az Concrete Pty Ltd. (2) The application is dismissed. Catchwords: CONSUMER LAW: – goods not of acceptable quality–major failure to comply with guarantee – where no notice of rejection given to the supplier– compensation where accessories added to vehicle by the consumer after purchase – Legislation Cited: Fair Trading Act 1987 Australian Consumer Law Treasury Laws Amendment (Acquisition as Consumer - Financial Thresholds) Regulations 2020 (Cth). Cases Cited: Safi v Heartland Motors Pty Ltd t/as Heartland Chrysler [2016] NSWCATAP 80 Texts Cited: Nil Category: Principal judgment Parties: Solid Az Concrete Pty Ltd Stellantis (Australia and New Zealand) Pty Limited Autonation Pty Ltd t/as Central Coast Chrysler Jeep Dodge File Number(s): 2023/00382716 (Previously MV 23/35446) Publication restriction: Unrestricted

REASONS FOR DECISION

Background 1. This dispute arises out of the purchase from the second respondent Autonation Pty Ltd t/as Central Coast Chrysler Jeep Dodge (CCCJD) of a 2020 Jeep; Wrangler Unlimited Rubicon or ("the vehicle") imported by the first respondent Stellantis (Australia and New Zealand) Pty Limited (Stellantis). 2. A preliminary issue arose after the hearing when the Tribunal detected that the applicant named as Brendan James Lane trading as Solid Az Concrete was not the named purchaser on the sales invoice (Solid Az Concrete Pty Ltd). The Tribunal called for submissions. The applicant confirmed that the purchaser of the vehicle was the company. The respondent did not make any submissions in response. The Tribunal is satisfied that it is consistent with the Tribunal's guiding principle to amend the name of the applicant to Solid Az Concrete Pty Ltd ("Solid Az Concrete") and makes an order accordingly. 3. Solid Az Concrete alleges that: 1. the vehicle is not of acceptable quality and is not fit for purpose, representing a breach of s 54 of the Australian Consumer Law (ACL) and 2. whilst the vehicle has been repaired, the applicant can have no faith in the vehicle because of the number of times it has required repairs, and the circumstances in which it has broken down, and 1. Brendan James Lane is the director of Solid Az Concrete. He says that he would not have purchased the vehicle if he had been acquainted with its propensity to break down. He submits that the failure to comply with the consumer guarantee is a major failure because a reasonable consumer would not have purchased the vehicle, knowing that it would be off the road for repairs for the length of time which the vehicle has been (41 weeks). 2. Solid Az Concrete began negotiations with Stellantis in respect of a "buy back". On 15 May 2023 Mr Lane advised Stellantis that the applicant was exercising its rights under the ACL to reject the vehicle. He did not provide a notice of rejection to CCCJD and he has not returned the vehicle. 3. Solid Az Concrete seeks an order for a refund of the purchase price ($76,704) plus the cost of accessories which he has added to the vehicle ($28,297.92), and less the sum of $7000 which was paid to him by Stellantis as compensation towards the issues raised in these proceedings. 4. The respondents oppose the orders sought.