Sheedy v Alveco Pty Ltd

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Sheedy v Alveco Pty Ltd [2021] NSWCATCD 162

Hearing dates:

9 December 2020

Date of orders:

12 March 2021 [amended 17 March 2021]

Decision date:

12 March 2021

Jurisdiction:

Consumer and Commercial Division

Before:

K Ross, Senior Member

Decision:

The decision issued on 12 March 2021 is amended pursuant to section 63 of the Civil and Administrative Tribunal Act 2013 and should read as follows: (amendments are shown in bold type)

1 Alveco Pty Ltd t/as Concorde Motor Homes and Caravans is to pay to Leon Sheedy and Roslyn Sheedy the sum of $64,330 on or before 26 March 2021.

Reasons: Refund of purchase price of caravan.

2 Alveco Pty Ltd t/as Concorde Motor Homes and Caravans is to collect the caravan from the applicants at XXX Warwick Road Tamworth 2340 (or such other address as may be advised in writing by the applicants to Alveco Pty Ltd t/as Concorde Motor Homes and Caravans) on or before 26 March 2021.

3 Alveco Pty Ltd t/as Concorde Motor Homes and Caravans AND Cosy Sara Pty Ltd t/as Cosy Cab Caravans jointly and severally are to pay to Leon Sheedy and Roslyn Sheedy the sum of $2620.00 on or before 26 March 2021.

Reasons: Refund of registration $324.00, insurance $837.00, accommodation costs $1186.00 and filing fee $273.00.

Catchwords:

CONSUMER LAW — Consumer guarantees — renewal application — What constitutes repair — Major failure to comply with consumer guarantees — Rejection period

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Australian Consumer Law (NSW)

Fair Trading Act 1987 (NSW)

Cases Cited:

Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98

Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2020] FCA 1672

Texts Cited:

Nil

Category:

Principal judgment

Parties:

Leon Sheedy & Roslyn Sheedy (Applicants)
Alveco Pty Ltd t/as Concorde Motor Homes and Caravans (First Respondent)
Cosy Sara Pty Ltd t/as Cosy Cab Caravans (Second Respondent)

Representation:

Applicants (Self-represented)
A Stocker (Director) (First Respondent)

Counsel:
D Godwin (Second Respondent)

Solicitor:
Westgate Legal Associates (Second Respondent)

File Number(s):

MV 20/17117 (Renewal proceedings)
MV 19/54468 (Primary proceedings)

Publication restriction:

Nil

REASONS FOR DECISION

Introduction

1. This application is a renewal application filed by the applicant consumers (Mr and Mrs Sheedy) in respect of a caravan (the caravan) which they purchased in October 2018 from the first respondent (Concorde Motor Homes) for a purchase price of $64,330.00 (the purchase price). The caravan was manufactured by the second respondent (Cosy Cabs).

2. On 5 December 2019 Mr and Mrs Sheedy filed an application in the Tribunal, seeking a full refund of the purchase price, on the basis that there had been a major failure to comply with the Australian Consumer Law guarantees that the caravan be of satisfactory quality and fit for purpose. Mr and Mrs Sheedy complained that the caravan was faulty. Their principal complaints concerned the floor which they said was soft and required replacement.

3. On 28 January 2020, following conciliation in the Tribunal,…