This kind of shite doesn’t help their cause either!
IIRC, the original case revolved around the salesman's representation that the fuel consumption for the new Triton would be better then the guys old Triton and should be close to the figure on the sticker.. Hence the guy bought it only to later discover that the consumption was worse than his old truck... It didn't have anything to do with mandated tests
But Mitsubishi went into the case half cocked and said the sticker is a comparison tool and doesn't reflect real life consumption and they ignored to address the issue of the salesman's representations. So it wasn't a surprise they lost...
Mitsubishi would have been better off to let the dealer handle the case since they made the representations but Mitsubishi's legals cocked it up and lost. And in an appeal you can't really bring in new evidence so they continued to play the only card they left themselves which was the "we followed the required laws to affix the comparison sticker so can't be at fault" be cause they couldn't say "the dealer made an error telling the prospective owner he would get better fuel consumption than his old car"....
So IIUC, it's not an error in the law but a tactical error in how it was defended by Mitsubishi.'s wigs. And as the appeals court can only address the grounds put up in the appeal docs (which must relate to presented evidence decisions in lower courts, not new evidence) it makes it all sound rather ludicrous at times...
Once they lost the VCAT hearing, because of how they attached the case, they lost big time. And it wasn't a precedent at that point until they appealed and appealed again to the highest court in Victoria... Seems Mitsubishi were too stupid to recognize they were in a whole and should have stopped digging. They should have simply paid out and educated their dealers sales force on what not to say .Now its a precedence, of sorts, one of their making
But to clarify whether my recall is OK, I may find the original and the appeals rulings and read them... When i'm really board
Still, Judges seem to have a bad rep and in some case i'm sure its deserved. Just not sure this is one of them