Former licensed trader Melbourne Autohaus Pty Ltd and its sole director, Alexsandar Jovanovski, have been fined a total $22,500 after they were convicted of motor car trading and Australian Consumer Law offences.
Melbourne Magistrates' Court found that the company (ACN 145 284 500) breached the Motor Car Traders Act 1986 when it:
- disposed of a car without first procuring the cancellation of a security interest
- failed to comply with its licence conditions
- offered a used car for sale without attaching a prescribed notice containing the required particulars
- did not display its licensed motor car trader (LMCT) number at its place of business
- failed to make prescribed entries in its dealings book
- published an advertisement that did not include its LMCT number.
The court also found Melbourne Autohaus breached the Australian Consumer Law (Victoria) by accepting payment then failing to supply the goods within a reasonable time.
Mr Jovanovski was guilty of the same offences because he knowingly authorised and permitted the company to commit the breaches.
Consumer Affairs Victoria took action after receiving intelligence the company was failing to pass on transfer fees and documents within 14 days of selling cars to consumers.
Further investigation revealed the company had failed to discharge security interests and comply with a licence condition requiring it to provide certain financial records to the Business Licensing Authority.
Mr Jovanovski and Melbourne Autohaus did not appear at the hearing on 29 October 2014 to defend the charges.
The company and Mr Jovanovski must also pay $1,413 in costs.
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