Realist Law - Criminal Lawyers Brisbane

Can I return my car and get refund?

Vale v Motorworld QLD Pty Ltd [2020] QCAT 23

Complainant purchased a vehicle from dealer and claimed refund after more than 3 months.

Member Cranwell states,

“The test of whether there is a major failure for the purposes of s 260 and the test for whether goods are of acceptable quality for the purposes of s 54 both adopt a “reasonable consumer” benchmark. For the reasons already given, I find that the defects relating to the external transmission cooling system are such that a reasonable consumer fully acquainted with the nature and extent of the failure, would not have acquired the motor vehicle. Further, as Mr Gooley indicated, the part was unable to be repaired and not available for purchase, and the car was therefore unable to be made fit for purpose easily and within a reasonable time.”

Tribunal ordered to process refund.

Related Acts are

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

 

PLEASE NOTE

I am not an admitted lawyer. These contents are simply what I have learned during my work experience duty and through study. Please DO NOT consider any of my content as advice.