Crooks v Hyundai Motor Company Australia Pty Ltd [2023] NSWCATCD 29

Crooks v Hyundai Motor Company Australia Pty Ltd [2023] NSWCATCD 29

The applicant did not establish on the balance of probabilities, assessed objectively, that the vehicle was not of acceptable quality under s 54 of the Australian Consumer Law 2010 (NSW). The contemporaneous service records did not support the applicant's account of serious problems commencing about September 2019, the clearer complaints arose from November 2021 after substantial use, some faults were identified and addressed, extensive testing could not replicate the alleged ongoing issues, and there was no expert evidence showing inadequate repairs or continuing defects. Subjective dissatisfaction and repeated complaints were insufficient to prove that the vehicle was not roadworthy,...

Jurisdiction
Australia
Judgment Date
30 March 2023
Procedural Posture
Consumer Claim Concerning Motor Vehicle Consumer Guarantees / Final Hearing in the Consumer and Commercial Division
Outcome
Application dismissed.
Legal Topics
['australian Consumer Law Consumer Guarantees' 'acceptable Quality' 'motor Vehicle Defects' 'remedies Against Supplier and Manufacturer' 'ncat Consumer Claim Jurisdiction']
['consumer Law'] ['australian Consumer Law Consumer Guarantees' 'acceptable Quality' 'motor Vehicle Defects' 'remedies Against Supplier and Manufacturer' 'ncat Consumer Claim Jurisdiction']

Case Brief

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Procedural Posture

Consumer Claim Concerning Motor Vehicle Consumer Guarantees / Final Hearing in the Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether the Hyundai I30 motor vehicle was not of acceptable quality in breach of the consumer guarantee under s 54 of the Australian Consumer Law 2010 (NSW).' 'Whether the applicant was entitled to return the vehicle and obtain a refund of the purchase price and reimbursement of claimed servicing and rental car costs.' 'Whether the evidence established, objectively and on the balance of probabilities, that the alleged intermittent engine faults made the vehicle unsafe, not roadworthy, not durable, or otherwise not acceptable.']

Ratio Decidendi

The applicant did not establish on the balance of probabilities, assessed objectively, that the vehicle was not of acceptable quality under s 54 of the Australian Consumer Law 2010 (NSW). The contemporaneous service records did not support the applicant's account of serious problems commencing about September 2019, the clearer complaints arose from November 2021 after substantial use, some faults were identified and addressed, extensive testing could not replicate the alleged ongoing issues, and there was no expert evidence showing inadequate repairs or continuing defects. Subjective dissatisfaction and repeated complaints were insufficient to prove that the vehicle was not roadworthy,...

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']