Question 3 (12 Marks)

Quality Timbers Pty Ltd sells furniture on a website set up in New Zealand. They have offices in New Zealand and Australia.

They advertise a table for $2000 that is made of "Quality Tasmanian Oak"

Jack buys the table online in Sydney as he already has a Tasmanian oak bookshelf and wishes to match the furniture when he moves to his new house he has bought in Sydney. Two months later a friend, who knows a lot about wood, points out that much of the wood on the table is a combination of woods, most likely from Canada but certainly not Tasmanian Oak.

a)Does Jack have a claim against Quality Timbers Pty Ltd under the Australian Consumer Law? Are there any cases that assist your argument?

b)Are there any other provisions of the Australian Consumer Law that Jack could rely on to get a replacement table? Are there any similar cases?

c)If Jack was living in Auckland New Zealand, and was visiting Sydney to clean his new house when he placed the order online, would the 2011 amendments to the electronic transactions Act allow Jack to rely on the Australian Consumer Law?

d)Where would the contract deemed to have been formed?