Tribunal orders Bundaberg Toyota to refund over $10k over faulty HiLux

A customer who missed medical appointments after buying a vehicle from a Bundaberg car dealership has been granted a refund from a tribunal that found the HiLux was not up to scratch.

Bundaberg Toyota has been forced to pay back a customer after selling them a vehicle that was not up to scratch.

A Toyota dealer has been forced to pay back a customer after a tribunal found it had sold a HiLux that was not up to the standard advertised.

In a ruling made in Brisbane on May 9, the Queensland Civil and Administrative Tribunal ordered BCP Holdings Pty Ltd, trading as Bundaberg Toyota, to refund Lorraine Ann Bray for the purchase price of a Toyota HiLux vehicle.

Ms Bray, who represented herself in the case, bought the vehicle for $10,888 on October 4, 2022.

Tribunal documents showed she was assured by Toyota’s salesman, Klint Wagstaff, that the HiLux was reliable and would meet her needs for at least a year.

This assurance was crucial as Ms Bray needed the vehicle for regular 200km round trips from Biggenden to Bundaberg for her specialist medical treatments.

The documents showed Ms Bray encountered numerous problems with the HiLux soon after purchasing it.

The vehicle, a 2005 model with about 350,000 kilometres, was sold with a 12-month warranty from a private warranty insurer, AWN.

However, the HiLux developed several issues including airconditioning failure, oil and water leaks, overheating, gearbox failure and a major engine failure.

These problems persisted despite multiple repair attempts by Toyota and other mechanics.

The defects severely impacted Bray’s ability to use the vehicle as intended, causing her significant inconvenience and stress including missed medical appointments.

The tribunal, presided over by member Vass Poteri, found Ms Bray’s evidence credible and determined that Toyota had breached the guarantees under the Australian Consumer Law.

Mr Poteri noted several key points in the decision.

Firstly, Ms Bray had relied on the representations made by Mr Wagstaff and the advertisement claiming the vehicle was “ever reliable”. These representations were not met, as the vehicle was found to be of unacceptable quality at the time of sale.

Mr Poteri also said the vehicle was unfit for its intended purpose, and the problems could not be easily and quickly remedied.

Despite Toyota’s admission of the vehicle’s defects and its attempts to repair the HiLux and offer partial compensation through the AWN warranty, Mr Poteri found these efforts insufficient.

As a result, Mr Poteri ordered Toyota to refund Ms Bray the purchase price of $10,888.

Additionally, Toyota was required to collect the HiLux from Ms Bray’s residence in Biggenden due to the significant cost and difficulty for Ms Bray to transport the vehicle.

Furthermore, Toyota was ordered to pay Ms Bray’s ancillary costs of $1012.54, which covered inspection, repair, towing, and tribunal claim costs.

These costs were deemed reasonably foreseeable and directly attributable to Toyota’s failure to provide a vehicle of acceptable quality.

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Originally published as Tribunal orders Bundaberg Toyota to refund over $10k over faulty HiLux