Becke v Caravans & Motorhomes Pty Ltd & Jayco Corporation Pty Ltd [2017] NSWCATCD 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Becke v Caravans & Motorhomes Pty Ltd & Jayco Corporation Pty Ltd [2017] NSWCATCD 62 Hearing dates: 13 April 2017 Decision date: 07 July 2017 Jurisdiction: Consumer and Commercial Division Before: K. Ross Senior Member Decision: (1) Paul Becke is to deliver the caravan to a repairer nominated by the respondents, within 250 km of the applicant's current place of residence, at a time to be agreed between the parties, and not later than 30 September 2017. (2) Caravans & Motorhomes Pty Ltd & Jayco Corporation Pty Ltd, within 1 month of the delivery of the caravan pursuant to order 1, are to (a) assess the corrosion of the chassis and leaf spring suspension and repair or replace those items as necessary. (b) repair any deterioration in the shower recess silicone, (c) assess and repair the leakage between the toilet and the washing machine, (d) repair any cupboard doors which might be detaching, and (e) assess and repair if necessary the roof around the air conditioning unit. (3) The work is to be carried out in a proper and workmanlike manner within 1 month of delivery of the caravan to the nominated repairer. (4) If there is any difficulty in complying with these orders either party may, on or before 1 July 2018, renew this application. Catchwords: MOTOR VEHICLE- fit for purpose, consumer guarantees Legislation Cited: Fair Trading Act 1987 Civil and Administrative Tribunal Act 2013 Category: Principal judgment Parties: Paul Becke (applicant) Caravans and Motorhomes Pty Ltd t/as Jayco Newcastle (respondent/supplier) Jayco Corporation Pty Ltd (respondent/manufacturer) Representation: Applicant in person Jeremy Brown and Craig Walsh for the supplier Philip Rigby and Andrew Nolls for the manufacturer File Number(s): MV 16/37660 Publication restriction: Unrestricted