Sabbarton v Bentram Pty Ltd [2014] NSWCATCD 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sabbarton v Bentram Pty Ltd [2014] NSWCATCD 121 Hearing dates: 19 June 2014 Decision date: 11 July 2014 Before: P Boyce, Senior Member Decision: 1.The respondent pay to the applicant the sum of $1,678.00 immediately Catchwords: Acceptable quality of consumer goods Legislation Cited: Consumer Claims Act 1998 Australian Consumer Law Category: Principal judgment Parties: John Sabbarton (applicant) Bentram Pty Ltd trading as Camzilla (respondent) File Number(s): GEN 14/17986

reasons for decision

APPLICATION 1This is an application by a consumer for an order that the supplier of goods refund to the consumer the price paid by the consumer for goods that were not of an acceptable quality.

JURISDICTION 2The applicant is a consumer within the meaning of Section 3 of the Consumer Claims Act 1998. 3The matter falls within the definition of "consumer claim" under Section 3A of the Consumer Claims Act 1998. 4The 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. 5The Tribunal is satisfied that it has jurisdiction under Section 7 of the Consumer Claims Act 1998.

BACKGROUND 6The consumer applicant purchased from the supplier respondent DJI Phantom 2 Quad-copter, gimbal and aerial camera ("Drone"). 7The applicant paid a price of the $1,678.00 for the Drone. 8After taking delivery of the Drone and familiarising himself with the use and operation of the Drone in accordance with the manual supplied with the Drone, the applicant used on a test flight. 9On the test flight the remote controllers battery discharged and the controller lost power. 10The representation by the respondent and in the manual was that if this event took place then the Drone would return to the point of take-off. 11The Drone did not return to the point of take-off and disappeared in the air space. 12The applicant seeks orders that the respondent pay to him the sum of $1,678.00 being the purchase price of the Drone.