Agrison Australia loses court battle and refunds ‘unacceptable’ tractor

TRACTOR importer Agrison Australia has been forced to refund the full price and shipping costs of a tractor.

OLYMPUS DIGITAL CAMERA Stricken tractor in a paddock at Evandale. Cary Boyd bought an Agrison tractor, now stored at a friend's farm. Bought in 2012. Has spent tens of thousands of dollars trying to obtain a refund for the faulty tractor and has involved expensive litigation in the Melbourne Magistrates Court.

TRACTOR importer Agrison Australia late last month refunded the full price and shipping costs of a tractor returned by Tasmanian slashing contractor Cary Boyd after a court decision.

The Melbourne Magistrates’ Court ordered the company to refund Mr Boyd and pay costs after ruling the tractor was “of unacceptable quality at the time of its supply” in its decision handed down on October 3.

Mr Boyd, of Evandale, sued Agrison for breach of consumer guarantees provided under the Australian Consumer Law after purchasing an Agrison FT 504 Series 50hp tractor in early 2012.

Handing down the decision, the magistrate said: “I have determined that the tractor suffers a major failure due to a steering defect and I am not satisfied by the evidence adduced by the defendant that I can exclude a steering geometry defect … as either the cause or a cause that has contributed to this defect.

“I am also satisfied that
the tractor is incapable of obtaining speed that Mr Boyd was told the tractor could reach in response to a disclosed purpose known to Agrison and moreover that the tractor on the balance of probabilities was suffering rust occasioned by corrosion of an extent that is counter indicative to the tractor being a new tractor and that these matters either individually or collectively amount to a major failure.”

The court ordered Agrison to refund $28,360 for the tractor and $1396 for shipping costs as well as court costs.

Mr Boyd told The Weekly Times he was satisfied with the result and had received the ordered payment from Agrison. “I’m quite satisfied that they paid that money,” he said.

Mr Boyd said his legal costs had run into much more than the cost of the tractor but he was keen to get a result.

“A couple of times I thought about giving up, but then I thought I’ve gone
too far and I’d be thousands
of dollars out of pocket,” he said. “After three years out of our lives I’m thinking about retiring now. The court case took its toll on our health — there was a lot of stress.”

Mr Boyd is one of several Agrison customers who had taken action against the company over defective machinery.

Agrison had not provided a comment at the time of printing.