A tribunal has given a woman leave to appeal over claims she was sold a faulty motorhome by a Sunshine Coast-based business.
Documents filed with the Queensland Civil and Administrative Tribunal show the woman purchased a 2017 Sunliner Switch 441 from Sunshine State RVs in June 2017 for about $126,000.
She alleged the motorhome had defects including a gas leak and inadequate ventilation that made it non-compliant with Queensland gas regulations, along with electrical faults, water ingress and rust.
By October 2018 she had requested a refund but the company refused, arguing the warranty had been voided because she had advertised it for hire on the online motorhome rental platform Outdoorsy, which it said amounted to commercial use.
The matter was taken to the Office of Fair Trading in November 2018 but, after an unsuccessful conciliation, the woman was advised to pursue the dispute through the courts.
In April 2019 she carried out some repairs and sold the motorhome for $110,000.
In January 2023 the woman lodged a QCAT claim seeking damages of $42,971, representing what she said were financial losses incurred from the purchase, ongoing failures, repairs and subsequent sale of the vehicle, plus a filing fee.
But the claim was dismissed in November that year, with the QCAT member ruling that while there were faults with the motorhome, the action had not been started within a reasonable time and the vehicle had since been sold, ending any ‘rejection period’ where a refund or replacement could be considered. The tribunal also noted the motorhome may have been used for commercial purposes.
In a ruling delivered on February 20 following a hearing on December 4, senior QCAT member Samantha Traves determined the earlier decision did not consider whether the woman could claim for damages for breach of a statutory warranty.
“In my view, the claim was one for damages for failure to comply with the statutory guarantee of acceptable quality or fitness for purpose,” the ruling states.
“The member referred only to the ‘rejection’ of the vehicle, which, as she rightly concluded, was not available because the appellant had disposed of the vehicle.”
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Ms Traves also considered other grounds for appeal, including the delay in bringing proceedings and whether the motorhome had been used for commercial purposes, but rejected them.
“The member viewed delay as potentially affecting the right to reject the vehicle, a right she had already decided did not exist due to the vehicle having been sold,” the ruling states.
“The issue of commercial use was irrelevant to the appellant’s claim for damages.”
Ms Traves ultimately ruled the original decision could be appealed because the claim for damages under consumer law was not properly considered.
“I am satisfied that there is a reasonable argument that the decision was attended by error and an appeal is necessary to correct a substantial injustice caused,” it says.
ASIC documents show Sunshine State Recreational Vehicles Pty Ltd’s principal place of business is at Nicklin Way, Warana. It also has a second location at Loganholme in Brisbane. It is unclear where the woman purchased the motorhome.
