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Dempsey v Northside Marine Pty Ltd QCAT 363
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
Dempsey & Anor v Northside Marine Pty Ltd  QCAT 363
emma irene dempsey
max williAm pauling
northside marine pty ltd
Motor vehicle matters
22 November 2019
On the papers
The Application – Motor Vehicle Dispute filed on 17 September 2019 is dismissed.
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
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
- Ms Dempsey and Mr Pauling filed a Form 59: Application – Motor Vehicle Dispute with the Tribunal on 17 September 2019.
- 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).
- 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—
- (a)under a provision of the Australian Consumer Law (Queensland) listed in the table to this section; and
- (b)relating to a motor vehicle; and
- (c)seeking an amount or value of other relief of not more than $100,000.
- Section 50A(4) provides:
In this section—
motor vehicle see the Motor Dealers and Chattel Auctioneers Act 2014, section 12.
- Section 12(1) of the Motor Dealers and Chattel Auctioneers Act 2014 (Qld) relevantly defines a ‘motor vehicle’ as follows:
A motor vehicle means—
- (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
- (b)a caravan.
- 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.
- 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.
- 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.
- The application is therefore dismissed.
- Published Case Name:
Emma Irene Dempsey and Max William Pauling v Northside Marine Pty Ltd
- Shortened Case Name:
Dempsey v Northside Marine Pty Ltd
 QCAT 363
22 Nov 2019