An example of a Mercedes Benz Sprinter (not the one referred to in the tribunal hearing). Photo: Wikipedia.
The NSW Civil and Administrative Tribunal (NCAT) has dismissed an appeal against a man who was awarded a refund after purchasing a Mercedes-Benz Sprinter that broke down when he was driving it back from Sydney to Wagga.
The buyer was Leslie Whitehead, a sole trader who is based in Wagga Wagga and supplies dairy products to customers throughout the Riverina.
He bought the secondhand, long wheelbase, refrigerated chiller van via the website Sydney Auction Online in August 2023. He went to Sydney to pick it up and drive it home to Wagga, but the vehicle’s engine failed just 90 minutes into the five-hour journey.
Mr Whitehead took the matter to NCAT, which ordered that Nuset Group (which runs Sydney Auction Online) pay him $33,299.43, which represented damages and a refund for the purchase price paid for the Mercedes-Benz Sprinter.
The tribunal also ordered Nuset Group to collect and remove the van and pay Mr Whitehead’s costs of the proceedings. NCAT found the van did not comply with the relevant consumer guarantees.
In making this ruling, NCAT accepted the evidence of Wagga mechanic Phillip Wilson that the engine of the van had suffered a catastrophic failure, that internal parts had punched a hole in the cylinder block and the engine was not repairable. There was no evidence to suggest anything about the way Mr Whitehead had driven the van had caused or contributed to the catastrophic engine failure.
The Nunset Group appealed the decision, arguing in turn there was no evidence that the defect existed at the time of purchase and the tribunal did not take into account the available evidence that the failed engine could be replaced. Nunset claimed the van was roadworthy prior to purchase and that there was a blue slip inspection undertaken on 16 August 2023 confirming this. The group also argued that the tribunal refused to allow it tender evidence from its own mechanical expert.
NCAT Senior Member Jan Redfern rejected the appeal on all its grounds.
“I am not satisfied that the finding was not fair and equitable or against the weight of evidence. It follows that I am not satisfied that there has been a substantial miscarriage of justice,” she stated in her published judgement.
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