Geoff Conway v Clarke Traeger and Ors [2014] NSWCATCD 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Geoff Conway v Clarke Traeger and Ors [2014] NSWCATCD 175 Hearing dates: 21 August 2014 Decision date: 19 September 2014 Before: J. Lynch, General Member Decision: 1.The fourth respondent Clarke Traeger is to pay the applicant Geoff Conway the sum of $6133.89 on or before 24 September 2014. Catchwords: None Legislation Cited: Consumer Claims Act 1998 , Civil and Administrative Tribunal Act 2013, Competition and Consumer Act 2010 Schedule 2 Civil Liability Act 2002 Category: Principal judgment Parties: Geoff Conway (applicant) self represented

Riverina Solar Energy Systems (1st respondent) no appearance Cooper Contracting Pty Ltd (2nd respondent) no appearance I and V Cooper Contracting Pty Ltd (3rd respondent) represented by Clarke Traeger Clarke Traeger (4th respondent) self-represented File Number(s): GEN 13/49909 Publication restriction: Unrestricted

reasons for decision 1The applicant Geoff Conway ("the consumer") purchased a 3.2 Conenergy solar PV system from the fourth respondent Clarke Traeger ("the trader"). The claim against the first respondent Riverina Solar Energy Systems and the second respondent Cooper Contracting Pty Ltd are dismissed as at the hearing the fourth respondent stated that these entities are non-existent which was confirmed by searches. The third respondent I and V Cooper Contracting Pty Ltd was represented at the hearing by Mr Clarke Traeger pursuant to written authority from the Director Colleen Neil. The consumer claimed the sum of $6899.49 for losses he contends he suffered due to misrepresentations from the trader or alternatively the sum of $18007.49 being the cost of removing the system.