Boyer v FRP Pools and Spas Pty Ltd [2019] NSWCATCD 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Boyer v FRP Pools and Spas Pty Ltd [2019] NSWCATCD 52 Hearing dates: 14 May 2019 Date of orders: 13 June 2019 Decision date: 13 June 2019 Jurisdiction: Consumer and Commercial Division Before: A.Nightingale, General Member Decision: (1) The respondent is to rectify the applicants' pool to a usable condition at no cost to the applicants by performing the following on or before 31 October 2019: (a) Emptying and refilling the pool; (b) Removing the entire gel coating of the pool, application of a barrier coat and application of new gel coating to the pool; (c) Treating the completed pool with the required chemicals on completion of the rectification work and undertaking any remedial work required to landscaping, filing etc as required if damaged during rectification. (2) The applicant is to give reasonable access to the respondent and its contractors for the purpose of carrying out these works orders on written notice, 72 hours prior to the commencement of works. (3) The applicant has leave to bring an application for renewal of these proceedings within twelve months of the specified date for completion of works if the work does not satisfactorily remedy the issue. Catchwords: CONSUMER CLAIM- Australian Consumer Law (NSW)-breach of consumer guarantee-remedy for breach of consumer guarantee Legislation Cited: Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Civil and Administrative Tribunal Act 2013 Category: Principal judgment Parties: Mr and Mrs Boyer (Applicants) FRP Pools & Spa Pty Ltd (Respondent) Representation: Applicant: Mr Riordan, agent (for the applicant) Mr Palmer, General Manager (for the respondent) File Number(s): GEN 18/35956 Publication restriction: Nil