Kaufmann v Braddon Automart Pty Ltd & Ors (Civil Dispute)

In this case, the applicant, Mr. Kaufmann, brought an action against Braddon Automart Pty Ltd, the second and third respondents, before the Civil and Administrative Tribunal. The dispute arose out of a bailment contract for reward, where Mr. Kaufmann had sold his car to Braddon Automart. The legal issues that arose from this case were whether there had been a breach of contract, whether there had been a breach of guarantees for goods and services, whether there had been unconscionable conduct, and whether the respondents were liable for damages and refunds.

The Tribunal found that there had been a breach of contract, as the car sold to Braddon Automart did not meet the standards that were agreed upon. Additionally, the Tribunal found that there had been a breach of guarantees for goods and services, as the car was not fit for purpose and was not of acceptable quality. The Tribunal also found that the conduct of the respondents was unconscionable, as they had taken advantage of the applicant's vulnerability. Finally, the Tribunal found that the respondents were liable for damages and refunds, as they had not fulfilled their contractual obligations.

The Tribunal ordered that the third respondent holds title to the car and is at liberty to dispose of it in any way they see fit. The respondents were also ordered to pay the applicant damages of $1422.00, refund the applicant $2882.00, and pay the applicant's filing fee of $140.00 and search fee of $9.00. The respondents were to comply with these orders by close of business 26 May 2017 by transferring the total sum of $4453.00 to a bank account which the applicant advises them of.