Wibberley v Aynat Investments Pty Ltd [2015] NSWCATCD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wibberley v Aynat Investments Pty Ltd [2015] NSWCATCD 109 Hearing dates: 23 July 2015 Date of orders: 23 July 2015 Decision date: 22 September 2015 Jurisdiction: Consumer and Commercial Division Before: P Harris, General Member Decision: 1 The Tribunal orders that the respondent Aynat Investments Pty Ltd trading as Your Homemakers Furniture and bedding Shop [***] Tamworth NSW 2340 Australia is to carry out the following work on or before 14 August 2015 in a proper and workmanlike manner. The work is to restore the goods to their original condition less fair wear and tear. Details of work order: Complete repairs to the goods, being ID: 128125, SKU: Platinum 7PCE LHF Sofabed Suite-Licorice ("The Goods"); or alternatively at the respondent's election provide a full refund in the sum of $2,498.00 or replace the goods with a new version of the same goods.

2 The respondent's name: Your Homemaker Furniture and Bedding, is amended to Aynat Investments Pty Ltd trading as Your Homemakers Furniture and Bedding. Catchwords: Australian Consumer Law sections 54, 259, 260; consumer guarantees; acceptable quality; claim to reject goods where a major failure alleged; whether defects in purchased goods constitutes a major failure. Legislation Cited: Australian Consumer Law Category: Principal judgment Parties: Dex Wibberley (applicant) Aynat Investments Pty Ltd (respondent) Representation: File Number(s): GEN 15/12971 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. This matter was heard at Tamworth on 23 July 2015 and an order was made in favour of the respondent. The applicant has subsequently sought reasons for the decision.