Ibrahim v SCE Solar City Enterprises Pty Ltd and Habitat Energy Systems Pty Ltd [2017] NSWCATCD 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ibrahim v SCE Solar City Enterprises Pty Ltd and Habitat Energy Systems Pty Ltd [2017] NSWCATCD 96 Hearing dates: 13 October 2017 Date of orders: 23 November 2017 Decision date: 23 November 2017 Jurisdiction: Consumer and Commercial Division Before: C R Xuereb, General Member Decision: 1. The contract made between the applicant and the second respondent, Habitat Energy Systems Pty Ltd on or about 12 March 2017 and as varied on 10 July 2017 is varied to provide that the total cost of the solar system installed at the applicant's property in or about March 2017 is $3,970.00 and no more.

2.The applicant is to pay the second respondent, Habitat Energy Systems Pty Ltd, $2,460.33 (being the balance of the amount payable under order (a) after deducting $1,501.67 already paid by the applicant to the second respondent) on or before 21 December 2017. Catchwords: Consumer claim, solar energy system, misleading and deceptive conduct, unconscionable conduct, unsolicited consumer agreement, unjust enrichment, remedies Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Cases Cited: Akron Securities Ltd v Iliffe (1997) 41 NSWLR 106 Blue Bella Pty Limited v Jackson [2016] NSWCATAP 62 Category: Principal judgment Parties: Romani Ibrahim – Applicant SCE Solar City Enterprises Pty Ltd – First Respondent Habitat Energy Systems Pty Ltd – Second Respondent Representation: Applicant in person Mr de Martin for first respondent Mr Kleinschafer for second respondent File Number(s): GEN 17/29270 Publication restriction: Nil