Lance v Riviera Motors Pty Ltd - [2025] QCATA 30

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Lance v Riviera Motors Pty Ltd [2025] QCATA 30

PARTIES:

TONIA LANCE

(applicant/appellant)

v

RIVIERA MOTORS PTY LTD

(respondent)

APPLICATION NO/S:

APL258-23

ORIGINATING APPLICATION NO/S:

MVL138-22

MATTER TYPE:

Appeals

DELIVERED ON:

3 April 2025

HEARING DATE:

14 March 2025

HEARD AT:

Brisbane

DECISION OF:

Senior Member Fitzpatrick
Member Munasinghe

ORDERS:

1. Riviera Motors Pty Ltd ACN 101 568 370 pay to Tonia Lance the sum of $20,680.09 within twenty-eight (28) days of the date of this decision.

2. Riviera Motors Pty Ltd ACN 101 568 370 at its own cost take possession of the Ford Transit Van from Tonia Lance within twenty-eight (28) days of the date of this decision.

CATCHWORDS:

APPEAL AND NEW TRIAL – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW AND/OR FACT – LEAVE TO APPEAL – where application for determination of a motor vehicle dispute was dismissed – where the applicant applied for leave to appeal or appeal the decision – where the member below failed to evaluate the evidence and apply facts to the ACL – whether leave to appeal should be granted

TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – GUARANTEES, CONDITIONS AND WARRANTIES IN CONSUMER TRANSACTIONS – GUARANTEES, CONDITIONS AND WARRANTIES – where defect in motor vehicle was unknown at time of purchase – where the applicant fitted out the van before defect identified – where the applicant rejected the motor vehicle and asked for a refund which was refused – where the applicant commenced proceedings in the Tribunal – where the applicant did not return the motor vehicle – whether vehicle was of acceptable quality – whether failure to comply with consumer guarantee a major failure – whether applicant rejected the motor vehicle – whether the applicant is entitled to damages – whether reasonably foreseeable that fit out costs of the motor vehicle would be wasted expenditure if the motor vehicle was not of acceptable quality

Competition and Consumer Act 2010 (Cth) sch 2 s 54, sch 2 s 259(2), sch 2 s 259(3), sch 2 s 259(4), sch 2 s 260

Fair Trading Act1989 (Qld) s 50A, s 50C

Queensland Civil and Administrative Tribunal Act2009 (Qld) s 9, s 52

Alexander v Cambridge Credit Corporation Ltd (1987) NSWLR 310

Allen & Anor v Queensland Building and Construction Commission [2024] QCA 24
Burger v Orca Corporation Pty Ltd trading as KAYAKS2FISH [2022] NSWCATCD 68
Capic v Ford Motor Company of Australia Pty Ltd [2021] FCA 715
Effem Foods Ltd v Nicholls [2004] NSWCA 332
Ericson v Queensland Building Services Authority [2013] QCA 391
Ferraro v DBN Holdings Aust Pty Ltd t/as Sports Auto Group [2015] FCA 1127
Hadley v Baxendale (1854) 9 Ex 341, 354
Medtel Pty Ltd v Courtney (2003) 130 FCR 182
Rintoul v State of Queensland & Ors [2018] QCA 20
Robinson Helicopter Company Incorporated v McDermott [2016] HCA 22
Seymour Racing Queensland Ltd [2013] QCATA 179
Vautin v By…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] QCATA 30
Decision Date: 3 April 2025

CaseChat Overview and Summary

Tonia Lance brought an application to the Tribunal for the determination of a motor vehicle dispute against Riviera Motors Pty Ltd. Lance claimed that the Ford Transit Van she purchased from Riviera Motors had a defect unknown at the time of purchase, and she sought a refund for the cost of fitting out the van. Riviera Motors refused to provide a refund, and the Tribunal dismissed Lance's application. Lance applied for leave to appeal the decision of the Tribunal, arguing that it erred in failing to evaluate the evidence and apply the Australian Consumer Law (ACL) to the facts. The court was required to determine whether Lance was entitled to leave to appeal and, if so, whether the appeal should succeed.

The court found that the Tribunal did not adequately evaluate the evidence or apply the ACL to the facts. The court noted that the Tribunal did not consider the fact that Lance fitted out the van before the defect was identified, and it did not consider whether the failure to comply with the consumer guarantee was a major failure. The court found that Lance had rejected the motor vehicle and asked for a refund, which was refused, and that it was reasonably foreseeable that the fit out costs would be wasted expenditure if the motor vehicle was not of acceptable quality. The court found that Lance was entitled to damages for the wasted expenditure.

The court granted leave to appeal and allowed the appeal. The court ordered that Riviera Motors pay Lance the sum of $20,680.09 within twenty-eight days of the date of the decision. The court also ordered that Riviera Motors take possession of the Ford Transit Van from Lance within twenty-eight days of the date of the decision.

Orders

Orders of the court

1. Riviera Motors Pty Ltd ACN 101 568 370 pay to Tonia Lance the sum of $20,680.09 within twenty-eight (28) days of the date of this decision.

2. Riviera Motors Pty Ltd ACN 101 568 370 at its own cost take possession of the Ford Transit Van from Tonia Lance within twenty-eight (28) days of the date of this decision.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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