Laceur v Townsville Auto Group Pty Ltd & Anor

Nathalie Laceur brought an application against Townsville Auto Group Pty Ltd and FCA Australia Pty Ltd seeking relief under the Australian Consumer Law in relation to a motor vehicle purchased from the first respondent. The applicant sought a refund plus damages for the cost of window tinting and paint protection. The applicant alleged that the motor vehicle was not of acceptable quality, that there was a major failure to comply with a consumer guarantee, and that the goods were rejected during the rejection period. The first respondent submitted that the defects reported by the applicant had either been easily and promptly remedied or had been unable to be replicated. The second respondent submitted that no fault alleged by the applicant had been confirmed to be outstanding.

The Tribunal found that the motor vehicle was not of acceptable quality due to a series of defects which, taken as a whole, would mean that a reasonable consumer fully acquainted with the state of the motor vehicle at the time of purchase, would not regard the motor vehicle as free from defects and durable. The Tribunal found that the applicant had a right to reject the motor vehicle under the Australian Consumer Law. The Tribunal also found that the applicant rejected the motor vehicle within the rejection period. The Tribunal found that the applicant was entitled to a refund of the purchase price and damages for the cost of window tinting and paint protection. The Tribunal ordered that the applicant return the motor vehicle to the first respondent within 14 days of the date of the orders, and that the first respondent pay to the applicant the amount of $29,728 within 28 days of the date of these orders.