Neate v Foundry One Pty Ltd trading as Rolling Homes Australia

The case of Neate v Foundry One Pty Ltd trading as Rolling Homes Australia was heard by the Australian Consumer and Competition Commission. The dispute concerned the supply of a tiny house by Rolling Homes Australia to Karin Neate, who claimed that the house did not meet acceptable quality standards under consumer law. Neate sought a return of the purchase price and compensation for the cost of rectifying the defects.

The central legal issue for the Commission to determine was whether the tiny house supplied by Rolling Homes Australia met the acceptable quality standards as required under Australian consumer law. This involved assessing the nature and extent of the defects in the tiny house and whether these defects were significant enough to deem the house as not being of acceptable quality. The Commission also had to consider the appropriate remedies available to Neate under the Australian Consumer Law.

In reaching its decision, the Commission found that the tiny house did not meet the acceptable quality standards due to several defects, including issues with the plumbing, electrical systems, and structural integrity. The Commission considered these defects significant enough to warrant a return of the purchase price and compensation for the cost of rectifying the defects. The orders issued by the Commission included provisions for the removal of the tiny house, payment of compensation, and the requirement for Rolling Homes Australia to rectify the identified defects.

The final orders mandated that Neate remove the tiny house and give notice to Rolling Homes Australia before moving it. Rolling Homes Australia was required to pay Neate $1200 upon taking delivery of the house and perform specified works to rectify the defects within four weeks. The tiny house would then be at Neate's risk from the time it was delivered to the external boundary of the site.