Les Whitehead (inset) regrets buying the Sprinter van from Sydney. Photo: Supplied.
A former Wagga milko who has still not been compensated for a Mercedes-Benz Sprinter that broke down just 90 minutes after he bought it in Sydney in 2023 says he is unlikely to ever get his money back after the dealership went into liquidation.
Les Whitehead, a longtime supplier of dairy products in the Riverina, bought the chiller van from Pennant Hills Auto Traders, which is owned by Nuset Group Pty Ltd.
The van broke down on the drive back to Wagga, prompting Mr Whitehead to take the matter to the NSW Civil and Administrative Tribunal (NCAT).
NCAT ruled Nuset Group had breached the Australian Consumer Law (NSW) because the Mercedes-Benz Sprinter did not comply with the relevant consumer guarantees.
In 2025, NCAT determined Mr Whitehead was entitled to a refund and that Nuset Group was responsible for collecting the vehicle.
However, 12 months after the ruling, Mr Whitehead said he had still not received a cent.
“I spent $30,000 on the van and $40,000 on legal fees, but we haven’t got a cent back,” he said.
“What is the point of going to court if you’re never going to get your money back?”
Earlier this month, Mr Whitehead was informed Nuset Group had gone into liquidation and, as an unsecured creditor, he was unlikely to recover his money.
A report to creditors filed with the federal business regulator stated: “It is our preliminary view that the company was trading whilst insolvent since 17 June 2019 and that we may have a claim of at least approximately $70,230 against the director of the company for continuing to trade whilst it was insolvent.”
Region sought comment from Nuset’s director who said: “As Nuset Group Pty Ltd is in liquidation, the affairs of the company are being administered by the appointed liquidator. It would therefore be inappropriate for me to comment on matters concerning the liquidation or the company’s affairs. I respectfully suggest that your enquiries be directed to the liquidator, who is the appropriate person to respond on behalf of the company.”
Mr Whitehead has all but given up on recovering his money, saying the system is stacked against consumers.
“The liquidators and lawyers get paid, but it seems the poor consumer gets screwed no matter what they do,” he said.
“I’m taking the matter to NSW Fair Trading, but to be eligible for compensation you need to prove you have taken every course of action to try and recover the money, but they will not cover the costs of those actions.
“The victim is generally better off cutting their losses.”
The 63-year-old is now retired and has moved to Brisbane.
“We don’t have an income now, so to lose $70,000 is a big blow.”
He regrets the day he saw the vehicle advertised online and travelled to Sydney to buy it.
“We went and picked it up and an hour and a half down the highway, it shot something out the side of the block,” Mr Whitehead said.
“It was a very unpleasant experience. It was 4 pm peak hour traffic. We didn’t have anywhere to pull over. We stopped on the verge and there were lots of cars going past … it took me eleven hours to get home. I had to arrange for a tow truck from Wagga to pick it up.”
Gary Delpiano exactly! I’m happy to pay for my meal and drinks, but I have no desire to pay for… View