Armstrong v Atlantic Caravans Pty Ltd & Hinterland Caravans Morisset [2017] NSWCATCD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Armstrong v Atlantic Caravans Pty Ltd & Hinterland Caravans Morisset [2017] NSWCATCD 86 Hearing dates: 04 August 2017 Date of orders: 03 August 0201 Decision date: 22 September 2017 Jurisdiction: Consumer and Commercial Division Before: D. Moss, General Member Decision: On 4 August 2017 the following orders were made:

1. Hinterland Outdoors Pty Ltd trading as Hinterland Caravans Morisset and Atlantic Caravans Pty Ltd, jointly and severally, are to pay Ronald Armstrong the sum of $75,108.00 on or before 01-Sep-2017.

Reasons: $75,108.00 – damages for breach of consumer guarantee of acceptable quality. Catchwords: CONSUMER LAW – application for refund of purchase price - alleged failure to comply with consumer guarantee under Australian Consumer Law (NSW) – acceptable quality – fitness for purpose - whether major failure – alleged misrepresentation – alleged breach of contract - alleged non-compliance with sample. 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) Texts Cited: Australian Law Commentary and Materials (Fourth Edition) Corones and Clarke Category: Principal judgment Parties: Ronald Armstrong, ("the consumer"), (the Applicant) Atlantic Caravans Pty Ltd, ("the manufacturer"), (the First Respondent) Hinterland Outdoors Pty Ltd trading as Hinterland Caravans Morisset, ("the supplier"), (the Second Respondent) Representation: The Applicant appeared in person. The First Respondent was represented by Mr Chiodo (by telephone). The Second Respondent was represented by Mr Sealie. File Number(s): MV 16/48760 Publication restriction: Unrestricted