Bid for refund for dog from Sunny Days Rescue and Rehab dismissed over lack of evidence
A fight over a pooch called Emma who was removed from a backyard breeder has finally been resolved. SEE THE RESULT.
South East
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A dedicated animal lover has no dog and is thousands out of pocket after losing her fight with a pet rescue charity.
Katrina Boyle wanted Sunny Days Rescue and Rehab to refund its $1250 adoption fee and reimburse up to $1500 in other expenses for four-year-old Jack Russell Emma after she decided to hand back the dog.
She later withdrew the claim for expenses.
Ms Boyle fronted VCAT on Monday after Sunny Days refused to give back the money and mediation failed.
The tribunal heard that Ms Boyle reluctantly returned Emma to the Avalon charity and private animal shelter in April 2021 – seven months after adopting her – after struggling to cope with the dog’s “behavioural issues”.
Ms Boyle said Emma’s separation anxiety made it difficult to leave the house and she had even considered moving in with friends to ensure there was always someone home for the dog.
“In the end I did what was best for Emma. I returned her to Sunny Days in the hope she would find the right home,” Ms Boyle said.
Her request for a refund was denied by Sunny Days as Emma was returned well after a 25 day trial period outlined in the contract Ms Boyle agreed to as part of the adoption.
Ms Boyle said she was “astounded” to hear that Emma had been rehomed and another adoption fee charged to her new family.
“It wasn’t fair. I had not been refunded despite doing everything right,” she said.
The tribunal heard that Ms Boyle had emailed Sunny Days during the trial period but had not received an immediate response.
However, that email and subsequent correspondence did not detail Ms Boyle’s struggles with Emma.
Instead she said “things were going well”.
VCAT member Pamela Barrand asked Ms Boyle why she didn’t mention the problems she was experiencing or suggest she may need to hand back the dog.
“I was trying to be positive,” Ms Boyle said.
“I loved Emma; she used to sleep snuggled in my arms. I didn’t want to bail on her.”
Ms Boyle said had Sunny Days responded promptly she would have explained the situation.
Sunny Days director Jo Sherwell told the tribunal the organisation was not “contractually obligated” to provide a refund once the trial period had ended.
Director Bronwen Baker said there was “no proof” of the behavioural issues claimed by Ms Boyle.
“There’s nothing we can do,” she said.
Both women sympathised with Ms Boyle but said the organisation did not profit from adoption fees with the money covering the cost of preparing animals for their new families.
Member Barrand said there was no evidence to suggest Emma was “less than a suitable adoption dog”.
Ms Barrand said Sunny Days had additional costs to assess Emma’s health and behavioural status on her return to ensure she was suitable for further rehoming.
The organisation was also facing increased pressure from soaring numbers of dogs bought during the Covid pandemic being relinquished by owners who could no longer care for their pets.