Williams v Australian Motor Homes Pty Ltd & Knott Investments Pty Ltd trading as Avida Recreational Vehicles [2017] NSWCATCD 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Williams v Australian Motor Homes Pty Ltd & Knott Investments Pty Ltd trading as Avida Recreational Vehicles [2017] NSWCATCD 51 Hearing dates: 14 June 2017 Decision date: 04 July 2017 Jurisdiction: Consumer and Commercial Division Before: D. Moss, General Member Decision: On 14 June 2017 the following orders were made:

1. Knott Investments Pty Ltd trading as Avida Recreational Vehicles is to cause the undertaking of the following work in a proper and workmanlike manner on or before 31-Jul-2017:

a. Engage a professional mould removal and remediation company to inspect, test, remove and treat all mould affected areas in the Applicant's Avida motor home, including undertaking moisture testing and eliminating mould spores. Inspect the main 240 volt television, to ensure that it works and repair or replace if necessary.

b. The Applicant is granted leave to renew these proceedings of Order 1 is not complied with. Catchwords: CONSUMER LAW – application for refund of purchase price - alleged failure to comply with consumer guarantee under Australian Consumer Law (NSW) – acceptable quality – whether major failure – whether failure has been remedied. Legislation Cited: Fair Trading Act 1997 (NSW); Australian Consumer Law (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW) Category: Principal judgment Parties: Roy Williams, ("the consumer"), (the Applicant) Australian Motor Homes Pty Ltd, ("the supplier"), (the First Respondent) Knott Investments Pty Ltd trading as Avida Recreational Vehicles, ("the manufacturer"). (the Second Respondent) Representation: The Applicant appeared in person. The First Respondent was represented by Mr Warden. The Second Respondent was represented by Mr Pearce File Number(s): MV 16/46044 Publication restriction: Unrestricted