Annerose Salinger, a 73-year-old Gold Coast grandmother, has resolved a legal dispute with a major luxury car manufacturer after discovering her vehicle was destroyed by a defect the manufacturer had known about for years but never disclosed to her.
Mrs Salinger bought a 2017 Range Rover Evoque for $46,000. On Christmas Eve 2023, a severe storm hit south-east Queensland. Water poured through the windscreen seal of her vehicle, flooding the interior and causing catastrophic electrical and structural damage.
An independent assessment valued the repair bill at more than $68,000, well beyond the value of the car. The vehicle was declared beyond economic repair.
The manufacturer already knew
What Mrs Salinger did not know was that Jaguar Land Rover North America had issued an aftersales bulletin about the exact defect months earlier. Bulletin N221, published in March 2020, identified “windshield water leaks” as a known issue on 2015-2018 Range Rover Evoque and 2017-2018 Discovery models. The bulletin listed the affected VIN range as 055105 to 260364, a range that included Mrs Salinger’s vehicle.
Authorised dealers in the United States were instructed to inspect and, if necessary, replace the front windscreen at no charge to owners. Dealers were told to hold affected unsold vehicles until the repair was completed, and to update vehicles already with customers “at the next available opportunity.” A related class action over the same defect had also been filed in the US.
Despite the existence of the bulletin and the US class action, Mrs Salinger was never notified of any service action on her vehicle.
When she lodged a claim with her insurer, it was declined. The insurer ruled the damage was caused by deterioration and sun damage to the windscreen seal, wear and tear, and excluded under the policy. She challenged the decision through the insurer’s internal dispute resolution process. The original denial was upheld.
No-win, no-fee, no other option
Out of pocket $46,000 with a written-off vehicle and no insurance payout, Mrs Salinger turned to Ezylegal, a firm that operates on a no-win, no-fee basis and specialises in consumer and commercial disputes.
The Ezylegal team said it was a case they took on without hesitation.
Mrs Salinger was left holding the bag for a problem that was never her fault. The manufacturer knew about the defect. The dealer did not disclose it. The insurer refused to pay. Without a no-win, no-fee option, she had no realistic way to pursue her rights.
Ezylegal filed proceedings in the Magistrates Court of Queensland, initially against the vehicle’s seller. As evidence mounted, the claim was amended to add the manufacturer as a second defendant, alleging breaches of the Australian Consumer Law’s consumer guarantees. The matter was contested for two years before being resolved.
What the law actually says
Under the Australian Consumer Law, manufacturers and suppliers must guarantee that goods are of acceptable quality and fit for purpose. When those guarantees are breached, consumers are entitled to remedies including repair, replacement or refund.
But exercising those rights against a multinational with deep pockets requires resources most people, and most small businesses, do not have. Consumer law filings in Australian courts rose 64 per cent in 2023-24, according to the Federal Circuit and Family Court’s latest annual report, with the sharpest increase in small claims and vehicle finance disputes.
The Ezylegal team said the case reflected a pattern they see regularly.
People assume that if a manufacturer sells you a defective product, you can simply get your money back. In theory, that is true. In practice, you are up against a company with a legal department, an insurance policy, and no urgency to resolve your complaint. That is where no-win, no-fee changes the equation. It means a grandmother on the Gold Coast has the same access to justice as a multinational corporation. She does not have to weigh the cost of a lawyer against the cost of walking away. Ezylegal carries that risk for her.
The Ezylegal team said they were increasingly seeing cases involving vehicles, and other products, with known defects that manufacturers had failed to disclose to owners.
The Australian Consumer Law is clear - manufacturers cannot hide behind fine print when they know a product is defective.
If you’re facing something similar
This isn’t just a consumer issue. The same consumer guarantees apply when a small business buys a vehicle, tools or equipment for the business. If a supplier or manufacturer knew about a defect and said nothing, and your insurer has knocked you back, you may have a claim regardless of what the policy fine print says.
Ezylegal operates on a no-win, no-fee basis across consumer, commercial and insurance disputes, so you’re not weighing the cost of a lawyer against the cost of walking away.