Moore v Derm Pty Limited t/as Passport Caravans [2017] NSWCATCD 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moore v Derm Pty Limited t/as Passport Caravans [2017] NSWCATCD 87 Hearing dates: 30 August 2017 Decision date: 29 September 2017 Jurisdiction: Consumer and Commercial Division Before: D. Moss, General Member Decision: 1. Derm Pty Limited trading as Passport Caravans is to pay Stephen Moore, the sum of $42,522.00 on or before 31 October 2017.

Reasons: $42,522.00 – (refund of purchase price of caravan ($41,800.00), plus $722.00 damages for consequential loss), for major failure to comply with consumer guarantees as to sale by description and acceptable quality.

2. Within seven days of receiving payment as required by Order 1, Stephen Moore is to return the caravan to Derm Pty Limited trading as Passport Caravans..

3. Upon return of the caravan, Stephen Moore is to give Derm Pty Limited trading as Passport Caravans all necessary documentation to transfer ownership of the caravan to Derm Pty Ltd trading as Passport Caravans. Catchwords: CONSUMER LAW – application for refund of purchase price and/or damages- alleged misrepresentation - alleged failure to comply with consumer guarantee under Australian Consumer Law (NSW) – acceptable quality – fitness for purpose - whether major failure to comply with consumer guarantee – whether new or second-hand motor vehicle . 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); Motor Dealers and Repairers Act 2013 (NSW) Category: Principal judgment Parties: Stephen Moore, ("the consumer"), (the Applicant) Derm Pty Limited trading as Passport Caravans ("the supplier"), (the Respondent) Representation: The Applicant appeared in person. The Respondent was represented by Mr Forbes. File Number(s): MV 17/11309 Publication restriction: Unrestricted