Vale v Motorworld QLD Pty Ltd  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