Bought a horse 4.5 years old from the breeder who had been using it for personal purposes on her farm and taken it out to compete herself. I have a consumer claim for refund and she claims the horse is not a new product but second hand . Can anyone tell me which applies in this case , new or second hand? and is she seen as the "manufacturer" as she bred the horse ?
NSW is an animal a new or second hand product
- Thread starter nose
- Start date
Lodge the claim.
If she sold it on a Tax Invoice, then it will be a matter for her to show that she was not engaged "in trade or commerce".
And yes, a horse can be an item that attracts ACL protections. Campbell v Lane (No 2) [2013] QCATA 307
If she sold it on a Tax Invoice, then it will be a matter for her to show that she was not engaged "in trade or commerce".
And yes, a horse can be an item that attracts ACL protections. Campbell v Lane (No 2) [2013] QCATA 307
As a general thing, breed associations (for any animal) do not take part in commercial disputes between their members.
let alone between members and non-members.
The Three-Legged Palomino Breeders Association (etc)
will not get involved in a dispute of this type, and has no power to,
even if they wanted to.
Congratulations on that very important clarification.... would not want them to waste 20 cents on a useless phone call.
Thanks. I had lodged the claim , the hearing was today but it was dismissed because i filed it wrong apparently . member found in my evidence that I had asked for a receipt in my family trust name ( has corporate entity), which they never gave me but instead gave me one in my personal name. I filed in my personal name as applicant. He also then he found a pre sale vet check bill also made out to company in family trust so he aid he was satisfied the trust owned the horse, not me. unless I could show him otherwise then and there which I couldnt. When I came out had look in my bank detalsl and I had paid from my personal account not family trust. In order to re start the application, will that be enough to prove that I bought the horse not the company? Cause he said company has no guarantee rights in consumer law. So will ncat accept another personal application if I show proof it was paid from personal funds?
member also said I have to work out who is the respondent because I paid one entity which has its ABN, but they issued tax invoice ( as a receipt for payment) with another entity abn. So who is the respondent then ? the one I pad or the one that receipted me ?
If the company bought the horse , where can I g to claim a guarantee of the seller?
hmmm you did not mention earlier you had a family trust lurking about, oh well. Seems like you walked into the hearing without having a full understanding of all the details of your case? why would anyone do that? You should have all the peripheral information possible in a folder on hand with you even if you think its not relevant before going in there.
They gave you a different ABN number on the reciept? Where did you get the first ABN number? Where did you get the banking details?
I am not sure the different ABN number will help you in any way? But them playing games with different ABN numbers might be something of interest to ASIC? or the tax office?
You can do a director search on any ABN number with a company like D&B but its a bit expensive (couple hundred i think). If you wanted to know who actually owns those ABN numbers... but i don't know how that would help you either?
They gave you a different ABN number on the reciept? Where did you get the first ABN number? Where did you get the banking details?
I am not sure the different ABN number will help you in any way? But them playing games with different ABN numbers might be something of interest to ASIC? or the tax office?
You can do a director search on any ABN number with a company like D&B but its a bit expensive (couple hundred i think). If you wanted to know who actually owns those ABN numbers... but i don't know how that would help you either?
If you tried, and I was their lawyer,
then then I'd be filing an application to have your "second go" struck out
on the ground of res judicata (which is lawyer-Latin for "It's already been dealt with").
Seems a fair call by the Tribunal, in this case.
The onus is on an applicant to ensure they they are acting againt the correct party.
Your company?
Is this a company that acts as trustee of your family trust?
If we are talking about a transaction between two companies, then you'd have to show the Tribunal
that this was a transaction to which the ACL applies.
At present, it is not clear to me that you can do that.
In theory, you'd be looking at some sort of breach of contract action,
but it will cost more, and take longer, than the value of the animal involved.
And that's assuming you have evidence, which I suspect you don't.
Going only by what you have said here, missing facts missing (or in your case, concealed) and
with all the if, buts, maybes, exceptions, and undisclosed complexities not allowed for...
I'm not sure you've got anywhere to go with this.
