Take online seller from other state to court for a Consumer claim under ACL

TheWizardOfTheOZ on 25/09/2020 - 18:57

Hi Ozbargainers,

Long story short, I live in NSW and purchased gym equipment from The Fitness Warehouse Australia online who resides in SA. The equipment was broken around a year and I requested for repair but the new parts never arrived and the seller stopped responding to me.

I made complaint through ACCC and lodged a case through NSW Fair Trading but the seller ignored those 2 agencies when they tried to contact. So my only choice now is to take the seller to court.

However, when I tried to launch a case through NSW's small claims tribunal (NCAT), I noticed that they can't help since NCAT requires the contract was entered into, or goods supplied in NSW. Their online application system does not allow other states to be selected.

So my question is, if I want to take the seller to court, what would be my options going forward? Also, does it mean we are better protected under ACL if we only purchase goods supplied within our own state?

Thanks,

General Discussion

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Comments

  • brendanm on 25/09/2020 - 19:08
    +2

    "around a year"

  • Frayin on 25/09/2020 - 19:12

    I don't think any free advice is going to do you any good. Get in contact with a lawyer.

    Unless you purchased an entire gyms worth of equipment then you have you ask yourself if it's worth it.

    If it is a significant amount of goods purchased, contact a lawyer.

    • TheWizardOfTheOZ on 25/09/2020 - 19:31

      I paid around $850 back then. It's not just about the money but I was pissed that the seller was playing dead on me.

  • SnoozeAndLose on 25/09/2020 - 19:13
    +2

    You need to go to SCAT, I would first contact 5he fair trading first.

    • TheWizardOfTheOZ on 25/09/2020 - 19:34

      Good idea. I'll file sth through SA Fair Trading as well.

  • Seraphin7 on 25/09/2020 - 19:14

    However, when I tried to launch a case through NSW's small claims tribunal (NCAT), I noticed that they can't help since NCAT requires the contract was entered into, or goods supplied in NSW. Their online application system does not allow other states to be selected.

    Have you tried the SA version?

    • TheWizardOfTheOZ on 25/09/2020 - 19:30

      Not yet. I had previous dealing with NCAT (Well it's more like ATTT before it became NCAT) and I had to physically appear in front of a judge. If I use the SA version I may need to travel to SA for the hearing…

  • GoldenDragon888 on 25/09/2020 - 19:21

    It is my understanding that you must used the Fair Trading/Tribunal for the state that the company who supplied the goods is in.

  • whooah1979 on 25/09/2020 - 19:28
    +1

    (NCAT)

    You don't have to use the NCAT. File a claim in your local Court and have them issue a summons to the respondent. You'll get a default judgment when they fail to show up in Court.

  • cjbowden on 25/09/2020 - 20:24

    You might have a problem here.There was a recent high court case that uncovered the fact that state based legislation used to create tribunals such as NCAT / VCAT etc do not have the legal power to arbitrate disputes between parties in different states.

    You can try the SA version of the tribunal, but they may not accept your case.

    You are able to take Supreme Court action instead.

    Good Luck.

    • TheWizardOfTheOZ on 25/09/2020 - 20:35

      Ah… Going forward I need to buy from only NSW shops then. Lesson learnt…

      Definitely don't want to be near Supreme Court…

  • randomusername2017 on 25/09/2020 - 21:00
    +1

    Seek remedy from the manufacturer/importer/distributor.
    Ensure you highlight the disservice the retailer is doing to their brand by ignoring ACCC/Fair trading mediation.

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