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Original in-game verdict
Victorian tribunal awards $180 refund for mixer that stopped working after purchase
This decision was delivered in a fictional Legal Arena proceeding. It is not a real court judgment or legal advice.
Background
1. Leah Nguyen seeks AUD 180 from Owen Bell for a mixer that she says stopped working about three weeks after purchase. Her final request is for the money in exchange for returning the mixer, rather than an order requiring Owen to repair it (statement-5). Owen asks that the full refund not be granted, relying on his repair offer and the uncertainty about what caused the failure or whether repair would have worked (statement-6).
2. The record includes submissions describing a receipt and dated video, but those items themselves are not included. Owen expressly accepts that they support the purchase and that the mixer stopped working about three weeks later. The repair screenshot excerpts are presented exhibits, but each shows only Leah asking how long a repair would take and is identified as omitting her later message. They therefore have limited weight on whether she accepted repair.
Issues for determination
3. The issues are whether Leah has established the purchase and early failure, and whether Owen’s repair offer or Leah’s response makes a refund inappropriate. Under Rule 1, Leah bears the burden of supporting her claim. Rules 2 and 6 guide the weight of records and whether the remedy matches the proven harm. Rule 39 makes a fair chance to fix a problem relevant. These supplied rules do not make a repair offer an automatic bar to a refund.
Submissions of the parties
4. Leah says she paid AUD 180, the mixer failed after about three weeks, and she asked about repair timing only to compare her options. She says she wanted a refund and now offers to return the mixer. She also argues that Owen did not give her a clear repair timeframe or assurance that repair would work (statements 1, 3, and 5).
5. Owen accepts that Leah’s question about repair timing did not itself establish acceptance, and that the full exchange ended with her still wanting a refund. He says he offered repair, but has not inspected the mixer and cannot identify the cause or say whether repair would have succeeded. He asks that those uncertainties be considered before awarding the full amount (statements 2, 4, and 6).
Evidence and findings
6. On purchase and failure, Leah’s account is consistent across the record. She describes a receipt and dated video showing the purchase and failure about three weeks later. Although the court cannot inspect those described items directly, Owen expressly accepts that they support those facts and does not dispute them. His acceptance is a party statement, not the receipt or video themselves, but it materially corroborates Leah’s account. I find the purchase for AUD 180 and early failure established. The cause of failure is not established.
7. On repair, Owen’s offer is part of the record through his account. The screenshot excerpts establish only that Leah asked how long repair would take. They do not establish acceptance, and their stated omission limits their weight on the full exchange. Owen’s final submission accepts that Leah did not agree to repair and that the exchange ended with her still wanting a refund. I find that Leah did not accept repair. There is no evidence of an attempted repair or that repair would have succeeded.
Reasons
8. Leah has met her burden on the purchase and early failure. The described receipt and video are not independently available for examination, so I do not treat them as conclusive exhibits. But Leah’s consistent account, together with Owen’s express acceptance of what they support, is sufficient on this record. Owen’s inability to identify the cause is a genuine uncertainty, not evidence that Leah’s account of the failure is wrong. The supplied rules do not require Leah to prove a particular mechanical cause before the established failure can support a remedy.
9. Owen’s repair offer deserves consideration under Rule 39. A seller’s fair chance to fix a problem can matter. Here, however, the evidence does not show that Leah accepted the offer, that a repair was attempted, or that repair would have resolved the problem. Leah’s question about timing is consistent with considering her options; it is not, by itself, agreement to repair. Owen’s own final account confirms that she continued to want a refund. The offer therefore does not outweigh the established failure and Leah’s request to return the mixer.
10. Under Rule 6, the remedy should match the proven harm. Leah seeks only the AUD 180 purchase price and offers the mixer back, rather than seeking additional compensation or insisting on a repair order. On the evidence available, that exchange is proportionate. The uncertainty about cause and repairability is acknowledged, but does not justify denying the refund where the early failure is established and no successful repair is shown.
Final order
11. Judgment is for the plaintiff, Leah Nguyen. The defendant, Owen Bell, must pay Leah AUD 180 in exchange for Leah returning the mixer to Owen. No additional monetary relief is awarded. This order rests on the established purchase and early failure, Owen’s acceptance of the described supporting records, and the absence of evidence that repair was accepted or completed. It does not determine the precise cause of the failure or whether a repair might have been possible.