Campbell v Caravan & RV Central Pty Ltd t/as Avan New South Wales & FCA Australia Pty Ltd [2016] NSWCATCD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Campbell v Caravan & RV Central Pty Ltd t/as Avan New South Wales & FCA Australia Pty Ltd [2016] NSWCATCD 90 Hearing dates: 29 August 2016 Decision date: 03 November 2016 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: 1. Pursuant to section 79N(h) of the Fair Trading Act 1987:

(a) the First Respondent, Caravan & RV Central Pty Ltd trading as Avan New South Wales, 2142-2150 Castlereagh Street Penrith NSW 2751 is to pay the Applicant, Frederick Joseph Campbell, 129 Lakeline Drive Kanahooka NSW 2530 the sum of $104,000.00 within twenty-eight (28) days of the date of these Orders; and

(b) the Applicant, Frederick Joseph Campbell, 129 Lakeline Drive Kanahooka NSW 2530 is to return the White Fiat Ovation C Class M3 Motorhome he purchased on 15 February 2013 to Caravan & RV Central Pty Ltd trading as Avan New South Wales 2142-2150 Castlereagh Street Penrith NSW 2751 within twenty-eight (28) days of the date of these Orders.

2. The Application is otherwise dismissed. Catchwords: MOTOR VEHICLES - Motorhome - whether of acceptable quality – major failure – where motorhome is product of two manufacturing processes – where there is joint liability – order made against retailer Legislation Cited: Fair Trading Act 1987 Civil and Administrative Tribunal Act 2013 Australian Consumer Law Civil Procedure Act 2005 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Safi v Heartland Motors Pty Ltd trading as Heartland Crysler [2016] NSWAP 80 Bunnings Group Limited (formerly Bunnings Pty Ltd) v Laminex Group Limited [2006] FCA 682 Category: Principal judgment Parties: Frederick Campbell (Applicant) RV Central Pty Ltd trading as Avan New South Wales (First Respondent) FCA Australia Pty Ltd (Second Respondent) Representation: Ms Josephine Mason, authorised representative (Applicant) Mr Antony Bitcom, Director (First Respondent) Mr Terry Fitzpatrick, Senior Manager (Second Respondent) File Number(s): MV 15/57005 Publication restriction: Nil