Our Work: Beams’ Matter
Beams was diagnosed with severe and debilitating hip dysplasia as a puppy due to poor breeding.
Beams was diagnosed with severe and debilitating hip dysplasia as a puppy. Thanks to volunteer lawyers at the Animal Law Institute (ALI), Beams had his day in court.
In November 2016, ALI launched a suit against the pet shop that sold Beams (Mad About Pets Pty Ltd) and Beams’ breeder (Murray River Puppies Pty Ltd) arguing that they should reimburse Beams’ owner for the vet bills that his owner had to pay to treat his medical condition. Jodie Knox, a former president of the Australian Association of Pet Dog Breeders, was the sole director of the breeder.
The lawsuit was heard by the Victorian Civil and Administrative Tribunal (VCAT).
Both the pet shop and the breeder made applications for the tribunal to dismiss Beams’ owner’s lawsuit without the matter proceeding to a full hearing. The breeder argued that Beams’ owner was only entitled to a refund for Beams.
Image: Beams enjoying the sunshine.
“A dog or a cat is different to other consumer goods. It isn’t fair to say that the owner should accept a refund or a trade-in. You can’t replace a loved pet. We say that the Australian Consumer Law allows owners to claim vet fees from breeders and pet suppliers in some circumstances.”
On 12 April 2017, VCAT rejected the applications to dismiss Beams’ case. It was held that the case, and the question of whether Beams’ owner should be compensated for veterinary expenses, were of ‘sufficient importance’ and the case should be heard by a senior VCAT member at a full hearing.
The allegations made by Beams’ owner included that both the pet shop and the breeder failed to comply with the consumer guarantees, including the guarantee that goods be of acceptable quality. Beams’ owner also made allegations against the pet shop for misleading or deceptive conduct and breach of contract.
The case ultimately settled privately and confidentially.