Woman ordered to pay $6k for selling sick dog

[Luvapoo]

https://7news.com.au/news/dog-breeder-ordered-to-pay-nsw-woman-thousands-after-medical-diagnosis--c-12872538

Edited December 26, 2023 by Luvapoo

[WoofnHoof]

Interesting! Lots of back and forth according to the write up. Would also be interesting to see how common those issues are in the breed, displaysia can’t be detected that early although the parents can be tested, can they test for the airway issue in pups? 

[tdierikx]

"In its decision, the tribunal found the breeder didn’t know Bobby had BOAS at the time of purchase.

The woman’s first claim was dismissed, but she was successful on her second claim that Bobby was not of acceptable quality.

However, the tribunal found the woman failed to mitigate her loss after declining the breeder’s offer of a refund in June 2022.

The breeder was ordered to pay half the woman’s vet costs up until the woman declined the offer, totalling $4365, and her legal fees.

The woman appealed the tribunal’s first decision and increased her claim of damages to $45,365.

In a decision handed down on Tuesday, the breeder was ordered to pay the woman $6000 to include the cost of purchasing the puppy and all the vet costs up until the offer of refund was made.

The tribunal ordered the breeder to pay the woman a total of $13,194."

 

If the breeder had been smart, she would have asked the NCAT Member to add "with prejudice" to the first ruling, which would have negated the ability for the buyer to come back for a second go at the case.

 

I will say that the Member's ruling in the second round was fair enough - the buyer only got what was spent up until they refused the offer of the refund and return of the puppy to the breeder.

 

With regard to the "with prejudice" comment, at one place I worked, I was tasked with any NCAT cases customers might try to bring, and I ALWAYS asked the Member politely to add "with prejudice" if we won a case... to stop the customer coming back every time they didn't get a ruling in their favour. Trust me, after it happened twice in a row, I got smart!

 

T.

Edited December 27, 2023 by tdierikx

[sandgrubber]

3 hours ago, WoofnHoof said:

Would also be interesting to see how common those issues are in the breed, displaysia can’t be detected that early although the parents can be tested, can they test for the airway issue in pups? 

If you look at OFA statistics, 70% of bulldogs have abnormal hips (only 0.4% excellent).   They also have awful scores for elbows and patellas. 

Edited December 27, 2023 by sandgrubber
Error

[WoofnHoof]

4 hours ago, sandgrubber said:

If you look at OFA statistics, 70% of bulldogs have abnormal hips (only 0.4% excellent).   They also have awful scores for elbows and patellas. 

Wow those are shocking stats  

[sandgrubber]

8 hours ago, WoofnHoof said:

Wow those are shocking stats  

And they likely show a favourable bias, as indiscriminate breeders tend to skip testing.