Should be an interesting case,I will wait to hear both sides of the story.Looks like a specialised van.
2weis said
10:09 PM Aug 16, 2019
the way i read it, it is finalised and the manufactureu won
montie said
10:24 PM Aug 16, 2019
2weis wrote:
the way i read it, it is finalised and the manufactureu won
Yep, the manufacturer won the case against the customer....only the amount of damages payable to be decided by the court.
They are also claiming damages through the courts against a Facebook group for defamation. That case will be heard in October.
I'm surprised it has taken this long for this to happen....a lot of very understanding and patient dealers and manufacturers...I guess it was only a matter of time till one of them took offence.
dabbler said
12:23 AM Aug 17, 2019
Montie, I think because of the market niche Bruder occupies, they didn't want to ride it out. Most manufacturers deal in a much larger arena and probably hope they can cope without resorting to legal proceedings.
brickies said
06:13 AM Aug 17, 2019
Cindy will have to keep a close eye on the nutters on this forum now
montie said
06:45 AM Aug 17, 2019
dabbler wrote:
Montie, I think because of the market niche Bruder occupies, they didn't want to ride it out. Most manufacturers deal in a much larger arena and probably hope they can cope without resorting to legal proceedings.
Agree, plus in a tough market they have neither the time nor the resources to be fighting court battles.
Plus I guess in the overall scheme of things negative reviews are often taken with a grain of salt.
montie said
06:59 AM Aug 17, 2019
brickies wrote:
Cindy will have to keep a close eye on the nutters on this forum now
This is the only forum that I post on that allows naming and shaming.I guess it's up to the Admin to decide if that changes.
The reality is you can make as many allegations as you wish about any product on social media so long as you understand that you may be called upon to defend those allegations in a court of law as is the case here. If a public forum facilitates that, then the Administrators may inadvertently get dragged into it.
Despite the fact that you may believe that you are 100% right in any allegation you may make, at the end of the day if it all goes pear shaped, you are not the one who will get to decide that.
Eaglemax said
11:09 AM Aug 17, 2019
Of course tgere is opinions and everyone has one and is entitled to have one.
You can report on issues you've had with your new caravan like listing what has failed and what was or wasnt fixed under warranty. Facts isnt defamation.
Its when people go beyond facts and actively rubbish a brand beyond the events is when such hate campaigns lead to litigation.
We all know that some buyers can be impossible to deal with.
Tony
montie said
08:40 PM Aug 18, 2019
Eaglemax wrote:
Of course tgere is opinions and everyone has one and is entitled to have one. You can report on issues you've had with your new caravan like listing what has failed and what was or wasnt fixed under warranty. Facts isnt defamation. Its when people go beyond facts and actively rubbish a brand beyond the events is when such hate campaigns lead to litigation. We all know that some buyers can be impossible to deal with. Tony
But the interpretation of the facts might be.
Paul said
08:27 AM Aug 19, 2019
From the articles that I have read, Bruder won by default because the owner didn't turn up at court, it seems now the owner is appealing the decision as the dates on his paper work were different to the courts, should be an interesting ongoing saga.
Cupie said
10:31 AM Aug 19, 2019
Paul wrote:
From the articles that I have read, Bruder won by default because the owner didn't turn up at court, it seems now the owner is appealing the decision as the dates on his paper work were different to the courts, should be an interesting ongoing saga.
If this sort of thing interests you, perhaps you aught to look at Kangaroo Court of Australia web site/regular newsletter.
-- Edited by Cupie on Monday 19th of August 2019 10:35:39 AM
montie said
10:32 AM Aug 19, 2019
Paul wrote:
From the articles that I have read, Bruder won by default because the owner didn't turn up at court, it seems now the owner is appealing the decision as the dates on his paper work were different to the courts, should be an interesting ongoing saga.
I don't think it had anything to do with turning up, he didn't lodge a defence so no need to turn up.
Not sure what the situation is regarding an appeal when that happens.
Tony Bev said
10:35 AM Aug 19, 2019
I hope that someone keeps an update of this (whatever it is deformation/facts)
I also hope that someone can give a link to the
Snip from the rvdailey link
Mr Coles published a website that detailed alleged multiple issues with his Bruder camper-trailer, which reportedly cost him in excess of $200,000.
Mr Coles website, so that I can form my own opinion
My current opinion is, that if I find faults with something I have purchased, then I am entitled to inform others of those faults
At the moment I am travelling and have low bandwidth
denmonkey said
10:53 AM Aug 19, 2019
Yeah, noticed that too Paul.
Easy to win the fight when your opponent isnt there.
If he didn't turn up on his own, then more fool him.
Will be interested to hear the outcome if they do have a proper hearing.
cheers BRett
Mike Harding said
01:19 PM Aug 19, 2019
Cupie wrote: If this sort of thing interests you, perhaps you aught to look at Kangaroo Court of Australia web site/regular newsletter.
I hope that someone keeps an update of this (whatever it is deformation/facts)
I also hope that someone can give a link to the
Snip from the rvdailey link
Mr Coles published a website that detailed alleged multiple issues with his Bruder camper-trailer, which reportedly cost him in excess of $200,000.
Mr Coles website, so that I can form my own opinion
My current opinion is, that if I find faults with something I have purchased, then I am entitled to inform others of those faults
At the moment I am travelling and have low bandwidth
The claim for damages was lodged on the 20/6 and the judgement against the defendant on the 13/8 so he had plenty of time to lodge a defence.
Search of Qld Courts shows no record so far of any appeal being lodged. The amount of damages payable is still to be decided by the court so maybe an appeal can be lodged when that happens. Either way the court costs alone will be scary even if the defendant wins an appeal, so maybe cheaper just to pay the damages.
Cupie said
02:44 PM Aug 19, 2019
montie wrote:
Tony Bev wrote:
I hope that someone keeps an update of this (whatever it is deformation/facts)
I also hope that someone can give a link to the
Snip from the rvdailey link
Mr Coles published a website that detailed alleged multiple issues with his Bruder camper-trailer, which reportedly cost him in excess of $200,000.
Mr Coles website, so that I can form my own opinion
My current opinion is, that if I find faults with something I have purchased, then I am entitled to inform others of those faults
At the moment I am travelling and have low bandwidth
The claim for damages was lodged on the 20/6 and the judgement against the defendant on the 13/8 so he had plenty of time to lodge a defence.
Search of Qld Courts shows no record so far of any appeal being lodged. The amount of damages payable is still to be decided by the court so maybe an appeal can be lodged when that happens. Either way the court costs alone will be scary even if the defendant wins an appeal, so maybe cheaper just to pay the damages.
Perhaps he was intending to lodge his defence to coincide with the (wrong) court date
who knows?
Perhaps he was unable to afford legal representation or advice & was intending to present his defence on the (wrong) court date.
who knows?
All of us can only guess at the situation (unless we have some undisclosed 'inside' information) & that's not a wise thing to do.
ps .. I offer the preceding scenarios only to make my point & they do not necessarily represent my views. LOL
this HTML class. Value is https://rvdaily.com.
www.rvdaily.com.au/van-buyer-sued-over-negative-review
Sorry cannot post a live link from my tablet...
-- Edited by montie on Friday 16th of August 2019 06:30:58 PM
-- Edited by montie on Friday 16th of August 2019 07:15:24 PM
Errrm # !! What. ?
Is this an advert ?
Could you tell us what this is about please.
Aussie Paul. :)
-- Edited by aussie_paul on Friday 16th of August 2019 07:07:22 PM
www.rvdaily.com.au/van-buyer-sued-over-negative-review
How's that
Thanks mate, my old tablet on it's last legs!
Yep, the manufacturer won the case against the customer....only the amount of damages payable to be decided by the court.
They are also claiming damages through the courts against a Facebook group for defamation. That case will be heard in October.
I'm surprised it has taken this long for this to happen....a lot of very understanding and patient dealers and manufacturers...I guess it was only a matter of time till one of them took offence.
Agree, plus in a tough market they have neither the time nor the resources to be fighting court battles.
Plus I guess in the overall scheme of things negative reviews are often taken with a grain of salt.
This is the only forum that I post on that allows naming and shaming.I guess it's up to the Admin to decide if that changes.
The reality is you can make as many allegations as you wish about any product on social media so long as you understand that you may be called upon to defend those allegations in a court of law as is the case here. If a public forum facilitates that, then the Administrators may inadvertently get dragged into it.
Despite the fact that you may believe that you are 100% right in any allegation you may make, at the end of the day if it all goes pear shaped, you are not the one who will get to decide that.
But the interpretation of the facts might be.
If this sort of thing interests you, perhaps you aught to look at Kangaroo Court of Australia web site/regular newsletter.
https://kangaroocourtofaustralia.com
Edit ... Here is the banner on the web site ..
Kangaroo Court of Australia
WHY RENT A LAWYER WHEN YOU CAN BUY A JUDGE
-- Edited by Cupie on Monday 19th of August 2019 10:35:39 AM
I don't think it had anything to do with turning up, he didn't lodge a defence so no need to turn up.
Not sure what the situation is regarding an appeal when that happens.
I hope that someone keeps an update of this (whatever it is deformation/facts)
I also hope that someone can give a link to the
Snip from the rvdailey link
Mr Coles website, so that I can form my own opinion
My current opinion is, that if I find faults with something I have purchased, then I am entitled to inform others of those faults
At the moment I am travelling and have low bandwidth
Easy to win the fight when your opponent isnt there.
If he didn't turn up on his own, then more fool him.
Will be interested to hear the outcome if they do have a proper hearing.
cheers BRett
Thank you, an interesting website.
The claim for damages was lodged on the 20/6 and the judgement against the defendant on the 13/8 so he had plenty of time to lodge a defence.
Search of Qld Courts shows no record so far of any appeal being lodged. The amount of damages payable is still to be decided by the court so maybe an appeal can be lodged when that happens. Either way the court costs alone will be scary even if the defendant wins an appeal, so maybe cheaper just to pay the damages.
Perhaps he was intending to lodge his defence to coincide with the (wrong) court date
who knows?
Perhaps he was unable to afford legal representation or advice & was intending to present his defence on the (wrong) court date.
who knows?
All of us can only guess at the situation (unless we have some undisclosed 'inside' information) & that's not a wise thing to do.
ps .. I offer the preceding scenarios only to make my point & they do not necessarily represent my views. LOL
..
There....
Tony