Vale v Motorworld Qld Pty Ltd

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Vale v Motorworld QLD Pty Ltd [2020] QCAT 232

PARTIES:

NICHOLAS VALE

(applicant)

v

MOTORWORLD QLD PTY LTD

(respondent)

APPLICATION NO/S:

MVL037-19

MATTER TYPE:

Motor vehicle matters

DELIVERED ON:

23 June 2020.

HEARING DATE:

15 June 2020

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

ORDERS:

1.   Nicholas Vale is required to return the motor vehicle the subject of these proceedings to Motorworld QLD Pty Ltd within 7 days of the date of these orders.

2.   Motorworld QLD Pty Ltd is required to pay to Nicholas Vale the amount of $19,000 within 28 days of the date of these orders.

CATCHWORDS:

TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – GUARANTEES, CONDITIONS AND WARRANTIES IN CONSUMER TRANSACTIONS – GUARANTEES, CONDITIONS AND WARRANTIES – whether motor vehicle of acceptable quality – whether failure to comply with consumer guarantee a major failure – whether consumer entitled to refund – whether consumer entitled to damages – whether statutory warranty applies

Australian Consumer Law, s 18, s 54, s 236, s 259, s 260, s 262, s 263

Competition and Consumer Act 2010 (Cth), Schedule 2
Fair Trading Act 1989 (Qld), s 50A, s 50C

Motor Dealers and Chattel Auctioneers Act 2014 (Qld), Schedule 1

Haisman v Drive (Aust) Pty Ltd [2020] QCAT 44

Medtel Pty Ltd v Courtney (2003) 130 FCR 182
Nesbit v Porter [2000] 2 NZLR 465

Pojzak v Congeo Nominees Pty Ltd [2013] VCAT 2175

APPEARANCES & REPRESENTATION:
Applicant:	Self-represented
Respondent:	Self-represented

REASONS FOR DECISION

1. On 21 October 2019, Nicholas Vale (‘the applicant’) filed an Application – Motor Vehicle Dispute with the Tribunal.  The respondent is Motorworld QLD Pty Ltd (‘the respondent’).

2. The applicant is the owner of a 2011 Holden Commodore (‘the motor vehicle’). 

3. The applicant purchased the motor vehicle from the respondent on 30 May 2019 for $19,000.

4. The applicant seeks relief under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth). Section 50A of the Fair Trading Act 1989 (Qld) vests the Tribunal with jurisdiction in relation to motor vehicles in respect of certain actions under the Australian Consumer Law.

5. The relief sought by the applicant is a refund and damages.

Australian Consumer Law provisions

Misleading or deceptive conduct

1. Section 18(1) of the Australian Consumer Law provides that:

   A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.

Consumer guarantees

1. Section 54(1) of the Australian Consumer Law provides that, where a person supplies goods in trade or commerce, the goods are guaranteed to be of ‘acceptable quality’.

2. The time at which goods are to be of acceptable quality is the time at which the goods are supplied to the consumer: Medtel Pty Ltd v Courtney (2003) 130 FCR 182 at [64] and [70]. However, information available after the time of supply may be taken into account in deciding whether the goods were of acceptable quality at…