Performax International Pty Ltd ordered to fix faulty $125k ute

A Sunshine Coast couple who bought a $125k US-imported ute for caravanning has taken on the car dealer over an engine failure.

Vicki and Brian Ehlers, brought the matter to the Queensland Civil and Administrative Tribunal, arguing the Nissan Titan ute should be fixed by the dealership that sold it to them. FILE PHOTO

A Sunshine Coast couple has taken a prestigious car dealer to court, after the $125k US-imported ute they bought experienced an engine failure.

The couple, Vicki and Brian Ehlers, brought the matter to the Queensland Civil and Administrative Tribunal, arguing the Nissan Titan ute should be fixed by the dealership that sold it to them.

Court documents show the Sunshine Coast couple bought the ute from the respondent, Performax International Pty Ltd, in 2020.

The brand new ute was imported from America and underwent a conversion to right-hand drive.

The company, based in Glanmire near Gympie, is marketed as “Australia’s largest independent American Vehicle importer”, according to their business website.

The 2017 model TI Nissan Titan ute was to be used for towing a caravan, according to the court documents, and was rarely driven.

However, while the couple were on a caravanning holiday in Bathurst the ute’s engine failed, 10 days after the three-year warranty expired.

According to the court documents, the malfunction light appeared on the ute before the couple left the Sunshine Coast to go caravanning.

“When the malfunction light came on in the vehicle before the applicant left for their caravanning holiday, the respondent told them the vehicle was okay to drive with the light on because it was just the sensor,” the documents stated.

“At the time, the respondent performed a regeneration, for which the applicant was charged $455 while the vehicle was still under warranty.”

The couple had also noticed issues with transmission since purchasing the ute.

While driving back to Queensland the car began “shuddering” before the engine shutdown, the court documents stated.

While a motor vehicle assessor told the court it was a manufacturing fault, they clarified Nissan Australia was unable to test for such problems due to the vehicle being imported.

QCAT member Kate Chapple ordered the dealership fix the ute at their own expense.

“The respondent must within 12 weeks of the vehicle collection date, and at the respondent’s expense not exceeding $100,000, replace the vehicle’s engine and perform all necessary investigations, testing and rectification of the vehicle’s systems,” the court order stated.

Performax International has been contacted by this publication for comment.