Tribunal orders refund for leaky caravan
Queensland company forced to refund full price of leaky caravan, more than five years after purchaseThe Queensland Civil and Administrative Tribunal (QCAT) has ordered Hinterland Motorhomes on the Gold Coast to refund $94,989.99 to a Brisbane couple who bought a Sydney-built caravan that suffered from serious leaks.
William and Deborah Hoskin purchased the Avida Topaz Multi-Terrain caravan in February, 2017 from the Queensland Avida dealer, after which they sought repairs on a number of occasions after detecting various faults while travelling with the van.
QCAT has published the reasons for its decision online, which include on first use of the caravan the couple discovering it "was leaking with water pooling on the kitchen benches, inside the cupboards and coming through the electrical channeling in the ceiling".
After returning the caravan to the dealer's service department to have the problem fixed, they "found the caravan leaking again in July 2017 and took the caravan back to the respondent for repair".
"In August 2017 they again experienced rain and consequent water entry into the caravan. Again they returned the van to the respondent for investigation and repair."
Then: "On 26 January 2021, when preparing the van for travel, the applicants found extensive corrosion and rust in the underfloor metal sheeting of the caravan. They complained to the manufacturer, Avida. They sent photographs of the underfloor area."
"On 28 January 2021 Avida replied confirming the corrosion and rust to the underfloor pictured in the photographs had been caused by water damage. Avida referred the applicants to an independent repairer, RnR Refinish.
"On 3 February 2021 the applicants obtained a quotation from RnR Refinish of $5,480.75 to remove everything including solar panels from the roof of the caravan and then to reseal the roof. RnR Refinish told them that there was no guarantee that that would fix the water entry problem, however."
It was eventually decided that the caravan would be returned to the dealer "to fix the water problem and to have the damage done to the floor and undercarriage repaired".
The couple experienced further problems with the van while away on another holiday, including cupboards pulling away from the wall, a crack in the shower base, and the electric steps not working.
"Whilst in South Australia it also rained and they found the caravan was leaking again with water again coming into the electrical wiring channels on both sides of the ceiling," it said in the judgment.
After the couple's request at a later date for a full refund of the purchase price was refused, "the applicants commenced proceedings in the Tribunal seeking recovery of the purchase price of $94,989.99".
The couple engaged a consulting mechanical engineer to provide a report for the hearing which according to the judgement "was scathing concerning the defects with the caravan".
"In my professional opinion, the only course of action to rectify the water leakage situation is to completely dismantle the module and start again from the chassis up," the mechanical engineer's report said. "Replacing the damaged cabinetry and shower will solve that particular problem, but the cause of the water leakage and inherent floor damage will not be rectified."
According to the judgement, the engineer "suggested continued use of the vehicle would only accelerate degradation because even if the cause of the water leak was found and fixed, water would remain inside the composite roof, walls and floor... the structural integrity of the module would rapidly decline and it would be unsafe to either inhabit or operate on public roads."
The report’s conclusions were not challenged by the respondents.
A full copy of the judgement can be found here.
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