Kadiroglu v Australian Motor Homes Pty Ltd and Knotts Investment Pty Ltd t/a Avida RVs [2018] NSWCATCD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kadiroglu v Australian Motor Homes Pty Ltd and Knotts Investment Pty Ltd t/a Avida RVs [2018] NSWCATCD 21 Hearing dates: 19 June 2018 Date of orders: 19 June 2018 Decision date: 19 June 2018 Jurisdiction: Consumer and Commercial Division Before: Senior Member K Ross Decision: (1) Knotts Investments Pty Ltd t/as Avida RV is to pay Kaan Kadiroglu the sum of $2544.00 on or before 30 June 2018. (2) Knotts Investments Pty Ltd t/as Avida RV and Australian Motor Homes Pty Ltd are to undertake the following work to the caravan, in a proper and workmanlike manner, on or before 14 July 2018: replace the boot seal, undertake such work to the cupboards to ensure they do not continue to work loose during travel. (3) The applicant is to collect the van from Australian Motor Homes Pty Ltd on or before 15 July 2018. (4) The balance of the application is dismissed. Catchwords: Acceptable quality, Fitness for disclosed purpose, major failure to comply with consumer guarantees Legislation Cited: Fair Trading Act 1987 Civil and Administrative Tribunal Act 2013 ACL (NSW) Category: Principal judgment Parties: Kaan Kadiroglu (Applicant) Australian Motor Homes Pty Ltd (Respondent) Knotts Investment Pty Ltd t/as Avida RV (Respondent) Representation: The applicant in person Ron Warden for the respondent File Number(s): MV 17/46596 Publication restriction: Unrestricted