This is a useful small-business asset case because the buyer was a company and the dispute was about a vehicle used as a business asset. The Australian Consumer Law can apply to some business purchases, but winning still depends on evidence that proves the guarantee was breached.
The buyer's problem was not just that the car overheated. The question was whether the evidence proved the vehicle was not of acceptable quality at the time of supply. The Tribunal was not persuaded by the buyer's expert report because the testing method, readings and reasoning were not strong enough, and the expert had not stripped the engine to confirm the internal damage theory.
The appeal failed because the Appeal Panel did not find legal error or a substantial miscarriage of justice. For businesses, the lesson is very practical: if a supplier, dealer or manufacturer dispute is going to turn on technical cause, get the testing and report quality right before the hearing.