COMMISSIONER OF FAIR TRADING v MOLI

The Commissioner of Fair Trading (NSW) brought proceedings against Moli, a company that sold and installed solar energy systems, alleging breaches of the *Australian Consumer Law* (ACL) and the *Home Building Act 1989* (NSW). The dispute concerned representations made by Moli to consumers regarding the performance and savings achievable from its solar energy systems, and the quality of its installation services. The proceedings were heard in the NSW Civil and Administrative Tribunal (NCAT).

The Tribunal was required to determine whether Moli had engaged in misleading or deceptive conduct in contravention of section 18 of the ACL by making false or unsubstantiated representations about the energy savings and performance of its solar systems. It also had to consider whether Moli had breached its obligations under the *Home Building Act 1989* (NSW) concerning the quality of its services and the provision of necessary information to consumers.

Judge Jarrett found that Moli had engaged in misleading and deceptive conduct by making unsubstantiated representations about the financial benefits and performance of its solar systems. The Tribunal held that Moli had failed to provide sufficient evidence to support its claims regarding energy savings, and that these representations were likely to mislead consumers. Furthermore, the Tribunal found that Moli had breached its obligations under the *Home Building Act 1989* (NSW) by failing to ensure that the services provided were carried out with due care and skill, and by not providing consumers with adequate information about the systems.