Ingold v Coastal Caravans Pty Ltd [2016] NSWCATCD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ingold v Coastal Caravans Pty Ltd [2016] NSWCATCD 12 Hearing dates: 9 December 2015 Date of orders: 09 December 2015 Decision date: 04 February 2016 Jurisdiction: Consumer and Commercial Division Before: D Moss General Member Decision: On 9 December 2015 the following orders were made: 1. Coastal Caravans Pty Ltd is to pay Greg Ingold the sum of $64,708.00 on or before 13 January 2016. Reasons: Refund of money paid for caravan that was not of acceptable quality in accordance with the consumer guarantees contained in the Australian Consumer Law. 2. When the order to pay money is complied with, Coastal Caravans Pty Ltd may collect the caravan from Branxton NSW, by arrangement with Greg Ingold, on or before 13 March 2016. Upon collection of the caravan, ownership of the caravan will pass to Coastal Caravans Pty Ltd. 3. Greg Ingold is to provide Coastal Caravans Pty Ltd with a document transferring the registration of the caravan to Coastal Caravans Pty Ltd within 7 days of the collection of the caravan. 4. If Orders 2 and 3 are not complied with, Coastal Caravans Pty Ltd is granted leave to renew the application by filing a notice to renew proceedings on or before 8 December 2016. Catchwords: Caravan; consumer guarantees; acceptable quality Legislation Cited: Australian Consumer Law, Fair Trading Act 1987 Category: Principal judgment Parties: Greg Ingold (consumer - applicant) Coastal Caravans Pty Ltd (supplier-respondent) Representation: The consumer appeared in person, unrepresented. The supplier was represented by Mr Salce, who appeared by telephone. File Number(s): MV 15/48966 Publication restriction: Nil