Royce v Youi Pty Ltd

[2018] QCAT 5

CITATION:

Royce v Youi Pty Ltd  [2018] QCAT 5

PARTIES:

Stephen Royce
(Applicant)

v

Youi Pty Ltd ABN 79123074733

(Respondent)

APPLICATION NUMBER:

MCDO1473/16

MATTER TYPE:

Other minor civil dispute matters

HEARING DATES:

7 March 2017, 18 May 2017 and 26 July 2017

HEARD AT:

Southport

DECISION OF:

Adjudicator Alan Walsh

DELIVERED ON:

12 January 2018

DELIVERED AT:

Southport

ORDERS MADE:

1.  The Application filed on 23 November 2016 is dismissed.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor civil dispute – consumer dispute – where motor vehicle partially inundated in floodwater – where insured claimed on comprehensive motor vehicle policy – where claim accepted and settled – where insurer paid out agreed value –  where agreed value exceeded vehicle market value – where property in vehicle salvage passed to insurer

INSURANCE – MOTOR VEHICLES – INSURANCE OF MOTOR VEHICLES FOR LOSS OR DAMAGE – where contractual discretion to declare vehicle total loss – where vehicle so declared – where insured indemnified according to insurance policy – where vehicle written off – where vehicle listed on written-off vehicle register – where vehicle not re-registrable for public road use – where vehicle salvage sold at public auction – where insured informed of registration preclusion before auction – where insured bought vehicle salvage at auction –  where insured believed removal of vehicle from register achievable for error – where insurer denied error – where vehicle not removed from register – whether vehicle wrongly declared total loss and written off – whether insurer breached insurance policy and duty of utmost good faith  to insured

TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – where insured a consumer – where consumer claim both liquidated and un-liquidated – where Australian Consumer Law applies – where contract of insurance excluded from consumer guarantee provisions of Australian Consumer Law – where no consumer guarantee remedy – where indemnity within definition of a service under Australian Consumer Law – where contract of insurance not excluded from misleading and deceptive conduct and/or unconscionable dealing provisions of Australian Consumer Law

TRADE PRACTICES – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – UNCONSCIONABLE CONDUCT – where misleading and deceptive conduct not alleged by insured – where insured alleged insurance policy voidable or void for unconscionable conduct – whether insurer acted unconscionably

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where insured sought declarations and injunction for removal of vehicle from written-off vehicle register – where legally qualified member of the Tribunal may make declarations and order injunctions – where declarations neither necessary nor appropriate – where inordinate delay in bringing proceedings – whether injunctive relief warranted or appropriate

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR BREACH OF CONTRACT – where insured claimed damages for breach of contractual duty implied by common law – where insured claimed damages for breach of statute and contract – whether damages causally related to alleged…