Wise v Green Initiatives Pty Ltd [2015] NSWCATCD 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wise v Green Initiatives Pty Ltd [2015] NSWCATCD 130 Hearing dates: 18 September 2015 Decision date: 29 October 2015 Jurisdiction: Consumer and Commercial Division Before: W Priestley, General Member Decision: The application is dismissed Catchwords: Solar power system; Consumer Claim Legislation Cited: Consumer Claims Act 1989 Consumer Claims Amendment Act 2015, Sch 5 cls 29 Australian Consumer Law 2010, Fair Trading Act 1987 Civil and Administrative Tribunal Act 2013 Category: Principal judgment Parties: John Wise and Leanne Joy Wise (applicants) Green Initiatives Pty Ltd (respondent) Representation: The applicants in person Mr Ivan Anderson, for the respondent File Number(s): GEN 15/37972 Publication restriction: Unrestricted

REASONS FOR DECISION

The application 1. The application was lodged in the Tribunal on 11 June 2015. In it, the applicants seek an order for a refund of money and return of goods to the value of $15,500.00. The application was heard on 18 September 2015, after the parties had lodged and exchanged documents in accordance with directions of the Tribunal.

Background 1. The dispute involves a 5.5 kilowatt solar power system with 22 solar panels which the applicants bought from the respondent in April 2013. The applicants financed the purchase with a loan. There were difficulties with the installation and commissioning of the system, and it was not until 1 July 2014 that it was working properly. The respondent compensated the applicants for the time the system was not working, and there is no complaint from the applicants that the compensation provided was not adequate. The applicants' complaints which are the subject of this application are, first, that they were induced to purchase the system by false and misleading claims about the financial benefits the system would provide, and second, that the system they were sold has a capacity greater than they required, and despite that, does not produce the power it should.