Can I force a dodgy local shop to give me my money back and stop selling faulty items?

The situation

I am writing to you from Melbourne, Victoria, because I am feeling quite stuck and frustrated with a local electronics retailer. On the 12th of October, I paid a total of $1,250 for a high-end professional camera kit, including several lenses and a tripod. The salesperson promised me that the equipment was brand new and fully warranted, but when I got home and tried to use it, I realised the main lens was severely scratched and the tripod legs are unstable. I went back to the shop on the 15th of October to ask for a full refund, but the manager was incredibly rude. He refused to honour the promise made by his staff, claimed that once the box was opened they wouldn't do anything, and told me I should have checked it more carefully before leaving the premises. I have since discovered that they are continuing to sell the exact same faulty batch of cameras to other customers in the neighbourhood. I have already tried sending a formal email and visiting the shop twice to resolve this, but they simply ignore my requests. I want to know if there is any way to get the court to step in and force them to refund my $1,250 and also order them to stop selling these dangerous or broken goods to the public.

Detailed Analysis

Based on the facts provided, you may be able to seek legal remedies through the court system. Under the Australian Consumer Law, a court has broad powers to issue an injunction, which is a court order that requires a person to do or stop doing something. Specifically, the law states that a court may grant an injunction "requiring a person to do any of the following: (a) refund money; (b) transfer property; (c) honour a promise; (d) destroy or dispose of goods"^[1]. This means you could ask a court to order the retailer to refund your $1,250 and potentially order them to stop selling the faulty batch of cameras.

The court can grant these orders even if the shop has previously refused to help you^[1]. Regarding the shop's claim that they won't do anything because the box was opened, the law provides that an injunction can be granted even if there is "imminent danger of substantial damage to any other person if the person engages in conduct of that kind"^[1]. This is relevant because you noted they are continuing to sell the same faulty batch to others in your neighborhood.

However, whether a court will actually grant these specific orders depends on several factors. While the law allows for injunctions to stop the supply of goods, the specific process for stopping the sale of a 'batch' of goods often involves a government minister imposing a ban if the goods are found to be dangerous or cause injury^[2]. It is currently uncertain if your specific camera kit meets the legal threshold for a mandatory ban or if a court will find it appropriate to issue a private injunction to stop their general business operations for this specific product line.

Statutory Citations

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