Elivir Halilovic v Prestige Motor Sport Sydney Pty Ltd trading as Prestige Motor Haus Sydney

Elivir Halilovic sought a remedy from the Federal Circuit and Family Court of Australia against Prestige Motor Sport Sydney Pty Ltd, trading as Prestige Motor Haus Sydney, for the sale of a used Ferrari motor vehicle that allegedly did not meet the standards of acceptable quality and fitness for purpose under the Australian Consumer Law of New South Wales (ACL NSW). The applicant argued that the vehicle, which he purchased for $237,000, was a 'major failure', and he sought damages for breach of contract and under the ACL NSW. Prestige Motor Sport Sydney Pty Ltd denied the claims and asserted that the vehicle was of acceptable quality and fit for purpose.

The court had to determine if the Ferrari was of acceptable quality and fit for purpose, if it constituted a 'major failure' under the ACL NSW, and if the applicant had a valid remedy under the ACL NSW. The court also examined if there was a breach of contract and whether the applicant mitigated his loss. The court found that the vehicle was of acceptable quality and fit for purpose, and it did not constitute a 'major failure' under the ACL NSW. The applicant failed to prove a breach of contract and did not mitigate his loss.

The application was dismissed, with no leave to amend. There was no order as to costs, with the intent that each party is to bear their own costs of the application.