Better Homes Queensland Pty Limited v O'Reilly

Better Homes Queensland Pty Limited was the defendant in proceedings brought by Scott O'Reilly and Meilyn O'Reilly in the District Court of Queensland. The O'Reillys alleged breaches of the Australian Consumer Law by Better Homes Queensland in relation to their sale and installation of a rainwater tank system. The case was heard by Justice Callaghan.

The court had to determine whether Better Homes Queensland had breached the Australian Consumer Law by making false or misleading representations and by engaging in conduct that was misleading or deceptive. Specifically, the O'Reillys claimed that Better Homes Queensland failed to properly install the rainwater tank system, resulting in significant leaks and damage to their property. The court was also required to consider whether the company's conduct was unconscionable under the Australian Consumer Law.

Justice Callaghan found that Better Homes Queensland had indeed breached the Australian Consumer Law by making false or misleading representations and by engaging in conduct that was misleading or deceptive. The court held that the company had failed to properly install the rainwater tank system, resulting in significant leaks and damage to the O'Reillys' property. The court also found that Better Homes Queensland's conduct was unconscionable under the Australian Consumer Law. As a result, the court ordered Better Homes Queensland to pay the O'Reillys' costs of and incidental to the proceedings on a standard basis.

The court ordered that Better Homes Queensland pay the O'Reillys' costs of and incidental to the proceedings on a standard basis. The O'Reillys were required to deliver an itemised claim for costs to Better Homes Queensland, and if the parties could not agree on an amount of costs within 28 days, the costs were to be assessed by Hickey and Garrett, Legal Costs Assessors. Better Homes Queensland was ordered to pay the O'Reillys' costs within 28 days of such agreement or assessment.