Wapshott Motors Pty Ltd - Court outcome

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27 November 2018
Court actions

A Surrey Hills car dealership and its director have been disqualified from holding a licence for four years, after a hearing found that they breached various provisions of Victorian motor car trading laws.

We took action in the Victorian Civil and Administrative Tribunal (VCAT) against Wapshott Motors Pty Ltd (ACN: 107 084 560) for alleged contraventions of the Motor Car Traders Act 1986 (the Act) and its associated regulations.

We alleged, among other things, that the:

  • director of Wapshott Motors, James Wapshott, 44, of Surrey Hills, was not a fit and proper person to be a director or licensee
  • business was being carried out in an unfair and/or inefficient manner
  • company failed to comply with its licence conditions, by failing to lodge relevant transfer documents with VicRoads within the required time, following the sale of two cars
  • company advertised cars for sale without including their total single price, including all fees and duties
  • company did not correctly complete entries in its dealings book.

VCAT found that: 

  • there were grounds for taking action against Wapshott Motors, and
  • Mr Wapshott was not a fit and proper person to be a director of a licensee.   

We investigated Wapshott Motors after receiving complaints about the company. Our staff also found alleged breaches of the Act during an on-site visit.

Businesses and individuals found to have breached certain duties under the Act, including some of those described above, may face penalties of up to $5,000. VCAT also has the power to suspend or cancel a motor car trader’s licence.