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


AJ Faisal criminal lawyer Brisbane for corporate fraud or white collar fraud Charges

About AJ Faisal

Every case is unique, I possess a distinct talent for uncovering often-overlooked facts, an open mind that allows for creative problem-solving, and a strong ability to think outside the box. I empathize with individuals facing police charges, and I consider it my duty to secure the best possible outcome for the defendant.

I am A J Faisal and I have completed my law degree at the University of Southern Queensland. I am passionate about criminal defence and I gained valuable experience by working as a Law Clerk and shadowing Mr Mackenzie for more than 3 years. Ken is an accredited criminal defence lawyer with more than 23 years of experience in practice. I am a solicitor in the State of Queensland. Retain me for your criminal matter

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