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Queensland Judgments
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  • Unreported Judgment

Dempsey v Northside Marine Pty Ltd

 

[2019] QCAT 363

 

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

 

CITATION:

Dempsey & Anor v Northside Marine Pty Ltd [2019] QCAT 363

PARTIES:

emma irene dempsey

 

(first applicant)

 

max williAm pauling

 

(second applicant)

 

v

 

northside marine pty ltd

 

(respondent)

APPLICATION NO/S:

MVL016-19

MATTER TYPE:

Motor vehicle matters

DELIVERED ON:

22 November 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

ORDERS:

The Application – Motor Vehicle Dispute filed on 17 September 2019 is dismissed.

CATCHWORDS:

TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – GUARANTEES, CONDITIONS AND WARRANTIES IN CONSUMER TRANSACTIONS – GUARANTEES, CONDITIONS AND WARRANTIES – action in respect of a motor vehicle under s 50A of Fair Trading Act 1989 (Qld) – whether boat falls within definition of motor vehicle

Fair Trading Act 1989 (Qld), s 50A

Motor Dealers and Chattel Auctioneers Act 2014 (Qld), s 12, Sch 1 s 14

Motor Vehicle Standards Act 1989 (Cth), s 5

REPRESENTATION:

 

Applicant:

Self-represented

Respondent:

Self-represented

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

  1. [1]
    Ms Dempsey and Mr Pauling filed a Form 59: Application – Motor Vehicle Dispute with the Tribunal on 17 September 2019. 
  2. [2]
    Form 59 requires an applicant or applicants to provide certain details relating to the dispute. Part C of the form requests details of the motor vehicle. Ms Dempsey and Mr Pauling described the motor vehicle as a Whittley FF2100 boat. In Part D, they indicated that they were seeking relief under s 50A of the Fair Trading Act 1984 (Qld).
  3. [3]
    Section 50A(1) of the Fair Trading Act provides:

A person may apply, as provided under the QCAT Act, to the tribunal for an order mentioned in subsection (2) for an action—

  1. (a)
    under a provision of the Australian Consumer Law (Queensland) listed in the table to this section; and
  1. (b)
    relating to a motor vehicle; and
  1. (c)
    seeking an amount or value of other relief of not more than $100,000.
  1. [4]
    Section 50A(4) provides:

In this section—

motor vehicle see the Motor Dealers and Chattel Auctioneers Act 2014, section 12.

  1. [5]
    Section 12(1) of the Motor Dealers and Chattel Auctioneers Act 2014 (Qld) relevantly defines a ‘motor vehicle’ as follows:

A motor vehicle means—

  1. (a)
    a vehicle that moves on wheels and is propelled by a motor that forms part of the vehicle, whether or not the vehicle is capable of being operated or used in a normal way; or
  1. (b)
    a caravan.
  1. [6]
    It is stating the obvious to observe that a boat is not ‘a vehicle that moves on wheels’. Accordingly, a boat does not fall within the definition of motor vehicle contained in s 12 of the Motor Dealers and Chattel Auctioneers Act.
  2. [7]
    Ms Dempsey and Mr Pauling have submitted that a boat falls within the definition of motor vehicle in s 5 of the Motor Vehicle Standards Act 1989 (Cth). However, that definition of motor vehicle is not the definition required to be applied pursuant to s 50A(4) of the Fair Trading Act. The existence of a different definition of motor vehicle in a different Act passed by a different Parliament is irrelevant.
  3. [8]
    It follows that the Tribunal does not have jurisdiction to hear the application under s 50A of the Fair Trading Act, nor for that matter under s 14 of Schedule 1 to the Motor Dealers and Chattel Auctioneers Act.
  4. [9]
    The application is therefore dismissed.
Close

Editorial Notes

  • Published Case Name:

    Emma Irene Dempsey and Max William Pauling v Northside Marine Pty Ltd

  • Shortened Case Name:

    Dempsey v Northside Marine Pty Ltd

  • MNC:

    [2019] QCAT 363

  • Court:

    QCAT

  • Judge(s):

    Member Cranwell

  • Date:

    22 Nov 2019

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.
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