I'm preparing to start small claim but I'm not sure whether I need to just describe events or do I sue for specific "offences" etc?
I purchased a dog for hobby breeding purpose from private sale and was lied about dog's breed.
For starters there is huge confusion on whether consumer law applies - consumer protection informed me that while this breeder isn't officially a business - repetitive breeding of multiple dogs through the year represents "trade of commerce" but as I intended to breed the dog I'm not a consumer. ATO informed me that my plans are hobby not a business activity.
Small Business Development Corporation took my case simply because we both have ABN. But it went nowhere as the breeder ignored them.
So court now. But I'm not sure whether I lodge simple minor case or case under consumer law.
If it's the former do I just say how much money I want or do I have to list and choose from deceit or misrepresentation, breach of contract and should I fail to prove something like the misrepresentation I lose?
Or is small claims more like a third party finding fair resolution in the light of events?
I purchased a dog for hobby breeding purpose from private sale and was lied about dog's breed.
For starters there is huge confusion on whether consumer law applies - consumer protection informed me that while this breeder isn't officially a business - repetitive breeding of multiple dogs through the year represents "trade of commerce" but as I intended to breed the dog I'm not a consumer. ATO informed me that my plans are hobby not a business activity.
Small Business Development Corporation took my case simply because we both have ABN. But it went nowhere as the breeder ignored them.
So court now. But I'm not sure whether I lodge simple minor case or case under consumer law.
If it's the former do I just say how much money I want or do I have to list and choose from deceit or misrepresentation, breach of contract and should I fail to prove something like the misrepresentation I lose?
Or is small claims more like a third party finding fair resolution in the light of events?
