Lockhart v Wasi Bunyadi Pty Ltd trading as Empire Motors

[2020] QCAT 507

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Lockhart v Wasi Bunyadi Pty Ltd trading as Empire Motors [2020] QCAT 507

PARTIES:

SARAH LOCKHART

(applicant)

v

WASI BUNYADI PTY LTD TRADING AS EMPIRE MOTORS

(respondent)

APPLICATION NO/S:

MVL066-20

MATTER TYPE:

Motor vehicle matters

DELIVERED ON:

22 December 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

ORDERS:

The Application – Motor Vehicle Dispute filed on 12 March 2020 is dismissed.

CATCHWORDS:

TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – OTHER MATTERS – whether applicant has standing to bring proceedings

Australian Consumer Law, s 3

Competition and Consumer Act 2010 (Cth), Schedule 2

Motor Dealers and Chattel Auctioneers Act 2014 (Qld), Schedule 3

REPRESENTATION:
Applicant:	Self-represented
Respondent:	Self-represented
APPEARANCES:	This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. On 12 March 2020, Sarah Lockhart (the applicant) filed an Application – Motor Vehicle Dispute with the Tribunal.  The named respondent was Wasi Bunyadi Pty Ltd trading as Empire Motors (the respondent).

2. The applicant’s mother, Debra Katherine Lockhart, is the owner of a 2010 Peugeot 308 (the motor vehicle).

3. Debra Katherine Lockhart purchased the motor vehicle from the respondent on 30 December 2019 for $6,650.

4. The relief sought by the applicant is a refund plus damages.

Consideration

1. The contract for the purchase of the motor vehicle is between Debra Katherine Lockhart and the respondent.

2. The Form 12: Cooling off and statutory warranty period lists the buyer as Debra Katherine Lockhart.

3. The certificate of registration for the motor vehicle is in the name of Debra Katherine Lockhart.

4. Accordingly, I find that the ‘buyer’ for the purposes of the definition in Schedule 3 to the Motor Dealers and Chattel Auctioneers Act 2014 (Qld) is Debra Katherine Lockhart. I also find that the ‘consumer’ for the purposes of the definition in s 3 of the Australian Consumer Law is Debra Katherine Lockhart.

5. As the applicant is neither the buyer nor the consumer, she has no standing to bring the proceedings.

Order

1. The application is dismissed.