Hinterland Outdoors Pty Ltd v Bryan Walters and Joan Walters [2016] NSWCATAP 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hinterland Outdoors Pty Ltd v Bryan Walters and Joan Walters [2016] NSWCATAP 140 Hearing dates: 13 May 2016 Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction: Appeal Panel Before: A Coleman SC, Senior Member D Robertson, Senior Member Decision: 1. Leave to Appeal refused. 2. Appeal dismissed. Catchwords: Consumer claims – sale of caravan – caravan advertised with particular tare mass, maximum touring weight and maximum tow ball weight – maximum towing weight exceeded when caravan loaded – tow ball weight exceeded when caravan loaded in configuration suggested by layout of caravan - whether caravan fit for purpose – whether misleading and deceptive conduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Consumer Claims Act 1998 (NSW) Motor Dealers and Repairers Act 2013 (NSW) Motor Vehicles Taxation Act 1988 (NSW) Australian Consumer Law Cases Cited: Collins v Urban [2014] NSWCATAP 17 Aceti v Burhan Pty Ltd [2015] NSWCATAP 55 Prendergast v Western Murray Irrigation [2014] NSWCATAP 69 Category: Principal judgment Parties: Hinterland Outdoors Pty Ltd Bryan Walters and Joan Walters Representation: Appellant: John Sealie, Manager Respondents: In person File Number(s): AP 16/07437 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Commercial and Consumer Division Date of Decision: 02 February 2016 Before: D. Moss, Tribunal Member File Number(s): MV 15/50358