David Alexander Wright Webster v Spring Brown Sales Pty Ltd t/a Midway Sales Tractors and Machinery [2014] NSWCATCD 234

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: David Alexander Wright Webster v Spring Brown Sales Pty Ltd t/a Midway Sales Tractors and Machinery [2014] NSWCATCD 234 Hearing dates: 30 September 2014 Decision date: 04 December 2014 Jurisdiction: Consumer and Commercial Division Before: A Anforth, Genreal Member Decision: The Respondent is to refund the Applicant the sum of $14,460.91. This sum consists of the purchase price of the front end loader and backhoe, and damages for losses arising from the Respondent's failure to comply with Australian Consumer Law guarantees in relation to the front end loader and backhoe; The Applicant is to make the front end loader and backhoe available for collection by the Respondent, upon agreement between the parties as to a suitable date and time for collection within 60 days of the date of this decision. The Respondent is to collect the front end loader and backhoe at its own expense. Catchwords: Australian Consumer Law, defective tractor, guarantees Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 (NSW) Consumer Claims Act 1998 (NSW) Consumer Claims Regulation 2014 (NSW) Fair Trading Act 1987 (NSW) Motor Dealers and Repairers Act 2013 (NSW) Motor Vehicles Taxation Act 1988 Cases Cited: Black Inx Pty Ltd v ACT Professional Building Services Pty Ltd t/as ACTPRO [2003] NSWCTTT 195 Paul Madsen v Agrison P/L [2014] NSWCATCD 79 Category: Principal judgment Parties: David Alexander Wright Webster (applicant) Spring Brown Sales Pty Ltd t/a Midway Sales Tractors and Machinery (respondent) File Number(s): MV 13/67114 Publication restriction: Unrestricted