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- Unreported Judgment
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
Lockhart v Wasi Bunyadi Pty Ltd trading as Empire Motors  QCAT 507
wasi bunyadi pty ltd trading as empire motors
Motor vehicle matters
22 December 2020
On the papers
The Application – Motor Vehicle Dispute filed on 12 March 2020 is dismissed.
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
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
- 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).
- The applicant’s mother, Debra Katherine Lockhart, is the owner of a 2010 Peugeot 308 (the motor vehicle).
- Debra Katherine Lockhart purchased the motor vehicle from the respondent on 30 December 2019 for $6,650.
- The relief sought by the applicant is a refund plus damages.
- The contract for the purchase of the motor vehicle is between Debra Katherine Lockhart and the respondent.
- The Form 12: Cooling off and statutory warranty period lists the buyer as Debra Katherine Lockhart.
- The certificate of registration for the motor vehicle is in the name of Debra Katherine Lockhart.
- 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.
- As the applicant is neither the buyer nor the consumer, she has no standing to bring the proceedings.
- The application is dismissed.
- Published Case Name:
Lockhart v Wasi Bunyadi Pty Ltd trading as Empire Motors
- Shortened Case Name:
Lockhart v Wasi Bunyadi Pty Ltd
 QCAT 507
22 Dec 2020