Filomena Nichols takes legal action as Darwin Motor Group denies selling her a lemon

The woman is seeking more than $20,000 in refunds and costs after claiming her new car randomly stops in the middle of the road ‘without warning’.

An MG3 hatch similar to the one Filomena Nichols bought from Darwin Motor Group last year.

A woman who claims her brand new MG3 repeatedly stopped in the middle of the road “without warning” is suing the Darwin auto dealer that sold it to her for a full refund.

Filomena Nichols filed the action with the NT Civil and Administrative Tribunal after buying the vehicle from Darwin Motor Group last year.

According to documents filed with the tribunal, Ms Nichols is seeking a refund of the purchase price plus fees and transport costs totalling $20,459.

“Before the 12 months service or 10,000km expired, the car just (stopped) on the road without warning, which started on 17 September 2023, until the present time,” the application reads.

“Many email communications been exchanged with respondent for the refund but declined paying the purchase price.

“Following the advice from the NT consumer affairs office, the car is sent for service three times, the latest one was from 25 September 2023 until 5 October 2023, when the car was finally returned.

“The applicant is therefore seeking for an order on the amount she claimed for from this application since the car is not safe for members of the public when driven on the road.”

But in a response filed with the tribunal, DMG’s principal dealer Leith Dobson said repeated testing by the business’s technical team had been unable to reproduce the fault.

“Normal warranty procedures require that the fault be demonstrated, the cause to be

identified and the correction undertaken,” the document reads.

Darwin Motor Group in Winnellie. Picture: Google Maps

“DMG would be happy for a nominated third party to assess the vehicle to confirm our

diagnosis.

“Further, if the issue is identified as a major mechanical failure, we would of course

facilitate a full refund or replacement with the assistance of MG Australia.”

Mr Dobson said DMG was first notified of the “stop start issue” on September 21 but was “unable to replicate the issue”.

He said they later arranged for Ms Nichols to drive a loan car for as long as it took to identify the fault but she later asked for the MG back.

He said she then sent repeated emails claiming the car had stopped but did not respond to return emails or phone calls.

“Attempted to call multiple times. No answer,” the response reads.

“Emailed customer requesting suitable time to call back, or to arrange demonstration and/or collection of vehicle.

“Customer replied with information on how long the vehicle requires to run before the vehicle stops. Attempted to call back immediately. No answer.”

The case returns to the tribunal in June.

Originally published as Filomena Nichols takes legal action as Darwin Motor Group denies selling her a lemon