Swan v Residential Reports Pty Ltd ACN 609 880 122

In the matter of Swan v Residential Reports Pty Ltd ACN 609 880 122, the applicants sought compensation and a refund for a building report that was allegedly inadequate and misleading. The case was heard in the Australian Capital Territory Civil and Administrative Tribunal. The applicants, Swan, claimed that the respondent, Residential Reports, provided a building report for a property they intended to purchase that was not prepared with due care and skill, was not fit for purpose, and was misleading or deceptive under the Australian Consumer Law. They also alleged that the report did not comply with statutory requirements and Australian Standards.

The legal issues the court was required to decide included whether the building report was prepared without due care and skill, whether it was fit for purpose, whether it was misleading or deceptive under the Australian Consumer Law, and whether it complied with statutory requirements and Australian Standards. The court had to determine whether the respondent breached the guarantees under the Australian Consumer Law and whether the applicants were entitled to compensation and a refund for the report.

The court found that the building report was not prepared with due care and skill and was not fit for purpose. It was also found to be misleading or deceptive under the Australian Consumer Law, and did not comply with statutory requirements and Australian Standards. The court held that the respondent breached the guarantees under the Australian Consumer Law and ordered that the applicants be compensated for their loss and be refunded for the cost of the report. The court also set aside an earlier order restricting publication of evidence and information contained in documents in these proceedings.

In conclusion, the Tribunal ordered that the respondent pay the applicants compensation and a refund for the building report. The Tribunal also reserved a decision on costs, allowing either party to make submissions on the issue of compliance with orders during the proceedings and costs. The parties’ attention was drawn to sections 39, 48 and 49 of the ACT Civil and Administrative Act 2008.