QLD QCAT - Claim Refund for Purchased Car?

[nathan lemire]

Hi,

Apologies if this has been covered. I bought a car at $28,500 QCAT limits to $25k. I know magistrates court is an option as well as federal circuit court, but much less protection for a consumer there.

My question is, can I demand the remaining monies after a tribunal decides on my case for a refund (if they award in my favour), but only for the $25k?

 

[Rob Legat - SBPL]

No. If you decrease your claim to get within any court/tribunal's jurisdiction, you're limited to that amount. Same as if you'd made the claim in a higher court but they only awarded you $25,000.

 

[nathan lemire]

if the car is decided to be suffering a major failure under ACL, does that then mean the vehicle in question cannot be resold once supplied back to the dealer (only if it is found to be so at tribunal)?

 

[Rob Legat - SBPL]

If you're claiming compensation as a monetary figure (ie a liquidated claim), you'll probably be keeping the car. If you're looking at returning it, what the recipient does with it is up to them (and largely dependent on what's wrong with it).

 

[nathan lemire]

FYI this is the car 2012 Ford Focus problems