A Sunshine Coast caravan dealership has been ordered to refund the $67,000 ticket price of a leaky caravan with several structural cracks around its windows, a tribunal has heard.
Green RV Pty Ltd, which trades from Owen Creek Rd in Forest Glen, was found to have sold the Regent Discoverer RDC206 caravan when it was not acceptable because it had multiple instances of fractures to the window frames causing water leakage and internal damage.
Brisbane man Ewen Mathieson applied to the Queensland Civil and Administrative Tribunal to enforce his right to a refund, which Green RV Pty Ltd had denied him.
QCAT member Glen Cranwell, in his decision handed down on May 29, ruled that Mr Mathieson was required to return the caravan within 14 days, and that Green RV was then required to pay him $67,000 within 28 days of May 28.
Mr Mathieson gave evidence that he paid the full purchase price of the van up-front on July 14, 2021, but when he went to collect the van, it had structural cracks around the windows, so he refused to take delivery and asked for a refund.
Mr Mathieson claimed in uncontested evidence, which was accepted by Mr Cranwell, that Green RV had refused to refund his money, so after three months he had collected the caravan as he did not want the dealer to have both the caravan and his money.
“The first time it rained after (Mr Mathieson) collected the caravan, the caravan leaked,” the decision said.
A Regent Discoverer RDC206 caravan similar to the one purchased by Ewen Mathieson (Facebook image)
“I find that a reasonable consumer, fully acquainted with the state of the caravan at the time of the purchase, would not regard the caravan as being acceptable,” Mr Cranwell stated in his decision.
Mr Cranwell noted that Green RV “had possession of the caravan for three months after” Mr Mathieson “refused to take delivery”.
He said that this was “a reasonable time for” Green RV to fix the window frames to
prevent water leakage and internal damage.
A condition report dated January 2023 noted 11 areas of concern with the van including a
broken window guard, a missing gas strut and bracket on a window, a loose hinge on a window causing leaks, and fractures to the outer frame, causing water to leak inside.
On the other side of the van, the report noted the front access hatch, kitchen window and front window had many fractures to the outer frame.
Inside the van there was water damage to the ply panel dividing the tunnel boot from the bed.
Mr Cranwell says in his reasons that Green RV’s position in the hearing was that the caravan
“is covered under manufacturers warranty and we stand ready willing and able to assist
this customer where warranty is applicable”.
But Mr Cranwell found that “a reasonable time for undertaking repairs has long since passed”.
Green RV is owned by Carl Raymond Green, 57, from Parrearra, and Jack Daniel Green, 32, from Palmdale.
Mr Mathieson asked the tribunal for a $75,367 refund claiming the market value had increased since 2021, but Mr Cranwell explained that consumer law only entitles customers to refund of the purchase price, not the current market value.