LISTEN: City Slider must sell before refunds can be made
DOZENS of angry City Slider customers who are yet to receive a refund from the failed Rockhampton event will need to wait for the business to sell before they will see their money.
And the Office of Fair Trading, which is currently handling the case, is unable to say when that will be.
Heavy winds meant the event was cancelled in October last year but those who purchased tickets and never got the chance to slippery dip have not been refunded by the company.
Office of Fair Trading central regional manager Raymond Beswick said they were waiting for the company to sell to free up enough cash to pay the refunds.
"We have been conciliating but the problem we've had is the gentlemen from City Slider has said, 'Look, I've not got the money at the moment however I am selling the business and once I have the money I will repay all those people who are owed money due to the cancellation' so that's what we're waiting on now," he said.
"We've kept in touch with the owners, we're waiting to hear, they have not sold the business.
"So until the sale goes through all we can do is wait and see if he gets the sale and if he honours his word that he will get the refunds."
Mr Beswick said affected customers were unlikely to have the option to hold a class action as the grounds of the event failure did not constitute a heavy and continuing loss.
"If it breaches consumer guarantees and it's someone deliberately doing something, the Office of Fair Trading will at times risk asses and consider taking legal action against individual traders but that legal action will be in fact civil," he said.
"That's got to be where there is heavy loss to consumers and it's continuing and it's not correct actions where this guy, something has gone wrong and it's the old story we hear so often, 'sue me'.
"His conduct is not such that we would consider a class action."
He said customers had the rights to take the company to the Queensland Civil and Administrative Tribunal.
"The Australian Consumer Law does give consumers the right to take action under consumer guarantee," he said.
"If the guarantee is not honoured then consumer can take the matter to Queensland Civil and Administrative Tribunal, QCAT, and they're the people who make the collective decision."
The Morning Bulletin contacted the City Slider company which failed to respond.
For more information about consumer rights visit http://www.qld.gov.au/law/