Alert Learning Pty Ltd v Linda Christine Richards and Raymond John Richards [2014] NSWCATCD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alert Learning Pty Ltd v Linda Christine Richards and Raymond John Richards [2014] NSWCATCD 86 Hearing dates: 8 May 2014 Decision date: 17 June 2014 Before: Philip Boyce, Senior Member Decision: 1.The respondents must pay to the applicant within fourteen (14) days of the date of the decision date the sum of $3,000.00. 2.On or before 10 July 2014 the respondents must pick up the set of eight (8) chakra crystal singing bowls from the place nominated by the applicant and at time and date that is mutually convenient to the parties. 3.The risk in the eight (8) chakra crystal singing bowls passes to the respondents as at the date of these orders. Legislation Cited: Australian Consumer Law Consumer Claims Act 1998 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Alert Learning Pty Ltd (applicant) Linda Christina Richards and Raymond John Richards (respondents) File Number(s): GEN 13/56942

REASONS FOR DECISION

Application 1 This is an application by a consumer to return goods purchased to their supplier and an order for the supplier to pay to the consumer the sum of $3,000.00 being the purchase price of those goods.

Jurisdiction 2 The applicant is a consumer within the meaning of Section 3 of the Consumer Claims Act 1998. 3 The matter falls within the definition of "consumer claim" under Section 3A of the Consumer Claims Act 1998. 4 The cause of action arose within the 3 years prior to the commencement of proceedings, and the value of the claim is less than $30,000.00. 5 The Tribunal is satisfied that it has jurisdiction under Section 7 of the Consumer Claims Act 1998.