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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44894
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I purchased a car from a (large) car dealer group in Victoria

Customer Question

I purchased a car from a (large) car dealer group in Victoria in March. The sales contract stipulated a few items to be included with the purchase($900ish value). These items were not provided, and after 2 weeks of emails with them promising to provide, they are now ignoring all phone calls/emails. It's a pretty clear and unambiguous breach, I assume they're just hoping I don't pursue it?
I want to sue them for breach of contract, ideally via a minor case claim in the Magistrates Court of WA (as opposed to a VCAT claim as I live in WA). However I am unsure of whether I can do this. The sales contract does not contain a clause to specify which jurisdiction it is governed by.
Assuming I have to sue them in the VCAT, do I have an option to request the hearing be moved to WA, or alternatively what would the chances be of claiming the airfare required to attend a VCAT hearing (I know costs generally aren't claimable). Is there any option to attend the hearing by teleconference, or to have it decided on the papers?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Morning. My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.You can sue in WA but as he is in Victoria he can apply to have the matter transferred to the Victoria and you will have to argue against that. Sue in WA and make sure the court is aware of where the deal we is. If the contract says that the law that applies is the law of victoria then you will have to sue in Victoria. Otherwise WA is fine. But there is a special notice you have to attache to your documents when you serve them and the court will give you that but you have to make sure they are aware of this.If you sue in VCAT you cannot claim airfairs as you chose to commence in victoria.
Expert:  Leon replied 2 years ago.
Good Evening. I hope this was of assistance If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon