Boers v Blue Star Auto Sales Pty Ltd & Anor

The applicant, Mr Timothy Boers, commenced a proceeding against Blue Star Auto Sales, an entity trading as a licensed motor dealer, and against MV Auto Workshop, the issuer of a safety certificate for the vehicle in question. Mr Boers says that the vehicle was defective when he purchased it from Blue Star Auto Sales, and that Blue Star Auto Sales and MV Auto Workshop failed to repair defects or otherwise compensate him adequately. The proceeding was commenced against the business names, but not the entities behind them. The tribunal amended the name of one of the respondents, and dismissed the application against the other. It then considered whether the statutory warranty provisions under the Motor Dealers and Chattel Auctioneers Act 2014 (Qld) applied, and if so, what orders could be made under them. The tribunal found that Mr Boers had established that the vehicle had defects covered by the statutory warranty, and that Blue Star Auto Sales Pty Ltd had failed to repair those defects. It ordered Blue Star Auto Sales Pty Ltd to pay Mr Boers $1,034.77 plus $123.20 in costs. It dismissed the application against MV Auto Workshop and refused an application for miscellaneous matters. The application against Blue Star Auto Sales Pty Ltd was dismissed in part and allowed in part.