Jarmain v Market Direct Group Pty Ltd t/as MDC Camper Trailers & Offroad Caravans

The applicant, Mrs Jarmain, sought a refund or a new caravan against MDC Camper Trailers & Offroad Caravans (the respondent) for the purchase of an XT15HR Caravan. The applicant sought orders for a refund or a new caravan against the respondent based on a major failure of the guarantee of acceptable quality and an order for costs. The respondent argued that the caravan was of acceptable quality, the issues which arose were due to a lack of appropriate maintenance after delivery, Mrs Jarmain did not clearly reject the caravan and if she did, she did not reject it within the rejection period. The tribunal found that the Tribunal did not have jurisdiction to order a refund against a supplier of a motor vehicle, where the purchase price was $54,140. The tribunal found that the Caravan was not of acceptable quality at the time of delivery to Mrs Jarmain. The tribunal found that the failure to comply with the guarantee of acceptable quality was a major failure. The tribunal found that Mrs Jarmain was entitled to reject the Caravan and did so within the rejection period. The tribunal found that Mrs Jarmain was entitled to a refund of the purchase price. The tribunal ordered that the proceeding be transferred to the District Court at Brisbane.