Yakov Zaknic v Kurmond Home Pty Limited

Yakov Zaknic brought an action against Kurmond Home Pty Limited in the Federal Circuit Court of Australia, seeking damages for breaches of consumer law and failure to provide a home warranty statement. The case revolves around the sale of a property by the respondent to the applicant, with alleged misrepresentations and non-compliance with statutory obligations under the Australian Consumer Law. The primary legal issues before the court were whether the respondent had breached the consumer protection provisions of the Australian Consumer Law and whether the respondent had failed to provide a home warranty statement as required by law. The court examined the evidence presented by both parties to determine whether the respondent's conduct amounted to a breach of the Australian Consumer Law and whether the home warranty statement was provided in the required timeframe.

The court concluded that the respondent did breach the Australian Consumer Law by making false or misleading representations regarding the condition of the property. The court found that the respondent had failed to disclose material facts about the property, including issues with the roof and electrical systems, which were not apparent to the applicant at the time of purchase. Additionally, the court held that the respondent failed to provide a home warranty statement within the statutory timeframe, as required by the Australian Consumer Law. Based on these findings, the court determined that the applicant was entitled to damages for the breaches of consumer law and the failure to provide the home warranty statement. The court awarded the applicant the sum of $11,141.77, representing the cost of repairs and other expenses incurred by the applicant due to the respondent's breaches.