Our clients ordered around 100 cubic metres of fine screened topsoil to grow a large new grassed area.
They planted the seed. Nothing came up.
They fixed the soil and planted again. Nothing came up again.
ezylegal made a claim against the supplier under the Australian Consumer Law, and the matter settled for $13,000 before it got to court.
At a glance
- Problem: Grass seed failed twice in about 100 cubic metres of delivered topsoil, and a soil test found excess sodium.
- Claim against: The landscape supplier that sold the topsoil.
- Legal basis: The Australian Consumer Law guarantees of acceptable quality and fitness for purpose, in the Magistrates Court.
- Result: The supplier offered to settle before court, and the buyers recovered $13,000.
Seed that wouldn’t grow
The topsoil was delivered over a few weeks, and our clients planted grass seed straight into it. They watered and cared for it exactly as the seed supplier recommended.
Weeks later, the seed still hadn’t germinated.
A soil test found the problem
Our clients had the topsoil professionally tested. The report found excessive sodium and structural problems in the soil, both of which stop grass seed from germinating.
Following the report’s advice, they treated the soil with gypsum to neutralise the sodium and replanted. A month and a half later, the second planting had failed too.
Our clients asked the supplier for compensation twice. They didn’t get a reply either time.
Can you claim for topsoil that won’t grow anything?
Often, yes. Under the Australian Consumer Law, goods must be of acceptable quality and fit for the purpose they’re sold for. Topsoil that won’t grow grass may fail both tests.
ezylegal filed a claim in the Magistrates Court for the money our clients had lost.
The supplier hired lawyers and defended the claim. It argued it had never been told the soil was for growing grass from seed, as opposed to laying turf. ezylegal replied and kept the claim moving towards trial.
The outcome
The supplier offered to settle before the matter got to court. Our clients accepted $13,000, and they didn’t have to go through a trial.
If you’re facing something similar
If landscaping supplies haven’t done what they were supposed to:
- tell the supplier in writing what you’re using the product for, before you buy
- keep every invoice, delivery docket and message
- get an independent test of the product as soon as something looks wrong
- keep records of how you followed the instructions
A supplier going quiet doesn’t make the problem go away. Get advice early, because time limits apply.