Sheedy v Alveco Pty Ltd

The matter before the Civil and Administrative Tribunal was a claim by Leon and Roslyn Sheedy against Alveco Pty Ltd, trading as Concorde Motor Homes and Caravans, and Cosy Sara Pty Ltd, trading as Cosy Cab Caravans. The Sheedys purchased a caravan from Concorde Motor Homes and Caravans in 2016 and subsequently experienced a number of issues with the caravan. The dispute centred on the failure of the caravan to comply with consumer guarantees and the Sheedys' subsequent rejection of the caravan under the Australian Consumer Law.

The primary legal issue before the tribunal was whether the failure to comply with the consumer guarantees constituted a major failure, which would entitle the Sheedys to reject the caravan and obtain a refund of the purchase price. The tribunal also had to determine whether the Sheedys were entitled to additional costs associated with the rejection of the caravan, such as registration, insurance, accommodation, and filing fees.

In its decision, the tribunal found that the failure to comply with the consumer guarantees did indeed constitute a major failure, entitling the Sheedys to reject the caravan and obtain a refund of the purchase price. The tribunal also found that the Sheedys were entitled to additional costs associated with the rejection of the caravan, such as registration, insurance, accommodation, and filing fees. As a result, the tribunal ordered Alveco Pty Ltd to pay the Sheedys a total of $64,330, which included the purchase price of the caravan and additional costs. The tribunal also ordered Alveco Pty Ltd to collect the caravan from the Sheedys and for Alveco Pty Ltd and Cosy Sara Pty Ltd to jointly and severally pay the Sheedys an additional $2620, which included registration, insurance, accommodation costs, and a filing fee.