QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Parvez v Brisbane BMW [2024] QCATA 107
PARTIES:
MUHAMMAD PARVEZ (appellant)
v
BRISBANE BMW (respondent)
APPLICATION NO/S:
APL066 of 2023
ORIGINATING APPLICATION NO/S:
MCDO662 of 2022
MATTER TYPE:
Appeals
DELIVERED ON:
4 September 2024
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Judicial Member PG Stilgoe OAM
ORDERS:
1. Leave to adduce fresh evidence is refused
2. Leave to appeal is refused.
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where consumer claims car engine oil was overfilled by mechanic – where discovery of overfill occurred one year after the relevant service – where the car had been taken to other mechanics during the intervening year – where Tribunal dismissed claim – where the consumer claims the Tribunal erred on multiple grounds – where the consumer wishes to adduce fresh evidence that was available prior to the original hearing – whether the Tribunal erred in dismissing the claims – whether the fresh evidence should be adduced
Competition and Consumer Act 2010 (Cth), sch 2
Queensland Civil and Administrative Tribunal Act 2009, s 28, s 143
Australian Broadcasting Commission v Bond (1990) 170 CLR 321
Brisbane City Council v Mainsel Investments Pty Ltd [1989] 2 Qd R 204
Clarke v Japan Machines (Australia) Pty Ltd [1984] 1 Qd R 404
Dearman v Dearman (1908) 7 CLR 549
FGT Custodians Pty Ltd v Fagenblat [2003] VSCA 33
Fox v Percy (2003) 214 CLR 118
James & Carroll v The Body Corporate for Palm Springs Residences [2010] QCAT 231
Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705
Pickering v McArthur [2005] QCA 294
Robinson Helicopter Co Inc v McDermott (2016) 90 ALJR 679
Terera & Anor v Clifford [2017] QCA 181
The King v War Pensions Entitlement Appeal Tribunal (1933) 50 CLR 228
APPEARANCES & REPRESENTATION:
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
Muhammad Parvez took his car to be serviced by Brisbane BMW in December 2020. He was not happy with the car’s performance after the service and so took it to Bavaria Motors in May 2021 and Eurozone in July 2021.
In December 2021, Mr Parvez noticed an amber light on the dashboard which, on investigation, he found indicated that the car’s engine oil was overfilled.
Mr Parvez claimed that Brisbane BMW had overfilled his engine oil, contrary to its obligation under the Australian Consumer Law[1] (ACL) and caused ongoing damage to the car’s engine. Mr Parvez commenced proceedings in the Tribunal and sought orders that Brisbane BMW rectify the damage. Mr Parvez’s application was dismissed.
[1]Competition and Consumer Act 2010 (Cth), sch 2, s 60 (‘ACL’).
Mr Parvez wants to appeal that decision. Because this is an appeal from a decision of the Tribunal…
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- AGLC
- Parvez v Brisbane BMW [2024] QCATA 107
- Case
- [2024] QCATA 107
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the Tribunal erred in dismissing Parvez's claim and whether Parvez should be allowed to adduce fresh evidence that was available prior to the original hearing. The court considered whether the Tribunal had made an error of law, and if the fresh evidence could be admitted under the relevant legal provisions.
In assessing the appeal, the court examined the evidence presented to the Tribunal and the Tribunal's reasons for dismissing the claim. The court found that the Tribunal had not erred in its decision, as Parvez had not provided sufficient evidence to establish that the overfill of engine oil was caused by Brisbane BMW's service. The court also determined that the fresh evidence Parvez wished to adduce was not admissible, as it was available at the time of the original hearing and Parvez had not demonstrated any exceptional circumstances that warranted its admission.
The court concluded that the appeal should be dismissed, and therefore, both the leave to adduce fresh evidence and the leave to appeal were refused. The Tribunal's decision stood affirmed, and Parvez's claims against Brisbane BMW were dismissed.
Orders
Orders of the court
1. Leave to adduce fresh evidence is refused
2. Leave to appeal is refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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