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Lockhart v Wasi Bunyadi Pty Ltd

[2020] QCAT 507

Lockhart v Wasi Bunyadi Pty Ltd[2020] QCAT 507

 

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

 

CITATION:

Lockhart v Wasi Bunyadi Pty Ltd trading as Empire Motors [2020] QCAT 507

PARTIES:

sarah lockhart

(applicant)

 

v

 

wasi bunyadi pty ltd trading as empire motors

(respondent)

APPLICATION NO/S:

MVL066-20

MATTER TYPE:

Motor vehicle matters

DELIVERED ON:

22 December 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

ORDERS:

The Application – Motor Vehicle Dispute filed on 12 March 2020 is dismissed.

CATCHWORDS:

TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – OTHER MATTERS – whether applicant has standing to bring proceedings

Australian Consumer Law, s 3

Competition and Consumer Act 2010 (Cth), Schedule 2

Motor Dealers and Chattel Auctioneers Act 2014 (Qld), Schedule 3

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]
    On 12 March 2020, Sarah Lockhart (the applicant) filed an Application – Motor Vehicle Dispute with the Tribunal.  The named respondent was Wasi Bunyadi Pty Ltd trading as Empire Motors (the respondent).
  2. [2]
    The applicant’s mother, Debra Katherine Lockhart, is the owner of a 2010 Peugeot 308 (the motor vehicle).
  3. [3]
    Debra Katherine Lockhart purchased the motor vehicle from the respondent on 30 December 2019 for $6,650.
  4. [4]
    The relief sought by the applicant is a refund plus damages.

Consideration

  1. [5]
    The contract for the purchase of the motor vehicle is between Debra Katherine Lockhart and the respondent.
  2. [6]
    The Form 12: Cooling off and statutory warranty period lists the buyer as Debra Katherine Lockhart.
  3. [7]
    The certificate of registration for the motor vehicle is in the name of Debra Katherine Lockhart.
  4. [8]
    Accordingly, I find that the ‘buyer’ for the purposes of the definition in Schedule 3 to the Motor Dealers and Chattel Auctioneers Act 2014 (Qld) is Debra Katherine Lockhart.  I also find that the ‘consumer’ for the purposes of the definition in s 3 of the Australian Consumer Law is Debra Katherine Lockhart.
  5. [9]
    As the applicant is neither the buyer nor the consumer, she has no standing to bring the proceedings.

Order

  1. [10]
    The application is dismissed.
Close

Editorial Notes

  • Published Case Name:

    Lockhart v Wasi Bunyadi Pty Ltd trading as Empire Motors

  • Shortened Case Name:

    Lockhart v Wasi Bunyadi Pty Ltd

  • MNC:

    [2020] QCAT 507

  • Court:

    QCAT

  • Judge(s):

    Member Cranwell

  • Date:

    22 Dec 2020

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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