Competition, Fair Trading and Consumer Protection Legislation
Consumer Protection
Guarantees, Conditions and Warranties in Consumer Transactions
Quick Take
1A purported rejection of goods for major failure under s 259 of the ACL (Qld) must be notified before the rejection period ends under s 262; where the only major failure (wrong suspension coils) was remedied nearly two years before the purported rejection, the rejection period had long expired.
2Where competing expert engineering evidence is adduced but neither expert is made available for cross-examination at the hearing, the Tribunal may prefer the evidence it considers inherently logical and better supported, and the party bearing the onus who fails to call their expert bears the consequences.
3A consumer claiming damages for breach of the statutory guarantee of due care and skill in services (s 60 ACL (Qld)) must adduce evidence quantifying loss or damage suffered — such as reasonable repair costs or diminution in value — and a failure to do so is fatal to the claim even if the breach were established.
