Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Cummings v Aluma Trailers Pty Ltd [2023] NSWCATCD 91 Hearing dates: 12 April 2023, 5 June 2023 Date of orders: 24 August 2023 Decision date: 24 August 2023 Jurisdiction: Consumer and Commercial Division Before: J Searson, General Member Decision: (1) Aluma Trailers Pty Ltd must immediately accept Craig and Sally Cummings return of the 2021 Aluma Custom 4HAL Gooseneck trailer, 8’ wide, 7’6” internal height, overall length 35ft with Living Quarters with Full Size Slide Out and External Storage.
(2) Aluma Trailers Pty Ltd must pay Craig and Sally Cummings the sum of $209,000 on or before 30 September 2023.
(3) Upon Aluma Trailers Pty Ltd performance of Order 2 above Craig and Sally Cummings must do all things necessary to transfer unencumbered title of the 2021 Aluma Custom 4HAL Gooseneck trailer, 8’ wide, 7’6” internal height, overall length 35ft with Living Quarters with Full Size Slide Out and External Storage to Aluma Trailers Pty Ltd within 7 days.
Catchwords: CONSUMER LAW — consumer guarantees – major failure – rejection of goods - rejection period–defective goods
Legislation Cited: Australian Consumer Law NSW
Fair Trading Act 1987
Cases Cited: Alliance Motor Auctions Pty Ltd v Saman [2018] NSWCATAP 137
Australian Knitting Mills Ltd v Grant (1933) 50 CLR 387
Avci v Inchurch Automotive Pty Ltd t/a Parramatta Motor Group [2019] NSWCATCD 39
Barbour v Autosports Five Dock Pty Ltd [2020] NSWCATAP 141
Burton v Chad One Pty Ltd [2013] NSWDC 301
Cary Boyd v Agrison Pty Ltd [2014] VMC 23
Contact Energy Ltd v Jones [2009] 2 NZLR 830
Hardwick Game Farm v Suffolk Agricultural Producers Association [1969] 2 AC 31
Matumaini v Automobile Industries Pty Ltd [2017] NSWCATAP 93
Medtel Pty Ltd v Courtney [2003] FCAFC 51
Medtel Pty Ltd v Courtney (2003) 130 FCR 182
Munday v Empire Auto Group Pty Ltd [2019] NSWCATAP 52
Rigby v LDV Automotive Pty Ltd & Anor [2021] QCAT 316
Safi v Heartland Motors Pty Ltd t/as Heartland Chrysler [2016] NSWCATAP 80
Texts Cited: None cited
Category: Principal judgment Parties: Craig Cummings (First Applicant)
Aluma Trailers Pty Ltd (Respondent)
Sally Cummings (Second Applicant)Representation: Ms King (Applicant)
Mr Knappick and Ms Richards (Respondent)
File Number(s): GEN 23/00100 Publication restriction: Nil
REASONS FOR DECISION
BACKGROUND
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In this matter the applicants are seeking orders for a return and refund in relation to the purchase of a “gooseneck” style horse trailer which the applicants claim to be not of acceptable quality and or unfit for purpose.
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The respondent opposed the application and the orders as sought by the applicants.
EVIDENCE
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The applicants filed documentary evidence in support of their claim. These documents were entered into evidence and marked as “exhibit 1”. The applicants relied on an expert report prepared by Paul Little, Accident Investigation Services Pty Ltd dated 24 February 2023 (“Little report”).
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The respondent relied upon a bundle documentary evidence which was entered into evidence and marked as “exhibit…
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- AGLC
- Cummings v Aluma Trailers Pty Ltd [2023] NSWCATCD 91
- Case
- [2023] NSWCATCD 91
- Decision Date
CaseChat Overview and Summary
The court examined whether the trailer had a major failure, which would entitle the Cummings to reject the goods and claim a refund. The court noted that the trailer exhibited significant defects, including issues with the hydraulic system, which rendered it unsafe to use. The court held that these defects amounted to a major failure under the ACL, thus justifying the Cummings' right to reject the trailer and seek a refund. The court also considered the timeframe within which the Cummings could exercise their rights under the ACL and determined that they had acted within the legally permissible period. Consequently, the court ruled in favour of the Cummings.
As a result of the court's decision, the Cummings were entitled to return the trailer to Aluma Trailers Pty Ltd, who were required to accept the return. Additionally, Aluma Trailers Pty Ltd was ordered to refund the Cummings the full purchase price of $209,000 by 30 September 2023. Upon payment, the Cummings were to transfer clear title of the trailer to Aluma Trailers Pty Ltd within seven days. This ruling reinforced the protections available to consumers under the ACL and emphasised the importance of businesses providing goods that meet the required standards.
Orders
Orders of the court
(1) Aluma Trailers Pty Ltd must immediately accept Craig and Sally Cummings return of the 2021 Aluma Custom 4HAL Gooseneck trailer, 8’ wide, 7’6” internal height, overall length 35ft with Living Quarters with Full Size Slide Out and External Storage.
(2) Aluma Trailers Pty Ltd must pay Craig and Sally Cummings the sum of $209,000 on or before 30 September 2023.
(3) Upon Aluma Trailers Pty Ltd performance of Order 2 above Craig and Sally Cummings must do all things necessary to transfer unencumbered title of the 2021 Aluma Custom 4HAL Gooseneck trailer, 8’ wide, 7’6” internal height, overall length 35ft with Living Quarters with Full Size Slide Out and External Storage to Aluma Trailers Pty Ltd within 7 days.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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