Dealership sued for $84,000

A Sydney dealership is being sued for $84,000 – plus legal costs – over an Audi S3 deal that went badly wrong.

The March 2010 deal went awry when the customer ordered and paid for his dream car via a broker, rather than ordering it direct from the dealership.

Now the customer, Pyrmont IT executive Jim Fisher, is suing the Audi Centre in Sydney for the cost of the car ($82,000 plus $2000 deposit) after his sports sedan was never delivered.

The broker, Christos Developments Pty, traded under the name New Cars Australia (NCA), run by Natasha Karamalis. NCA promised it would use its purchasing power to shop-around on Mr Fisher’s behalf and get him a cut-price deal.

In the case heard by District Court Judge Michael Bozic, last week, Mr Fisher claims he handed the $82,000 to NCA after speaking with Audi sales executive, Tiffany Cooney.

He claims Ms Cooney promised NCA was an “agent of” Audi, and she had done deals with NCA “all the time”.

However, Ms Cooney told the court she had dealt with NCA at previous dealerships, but it was her first time while employed at Audi.

But three months after handing over the cash, NCA went bust. Unfortunately for Mr Fisher, NCA never passed on the purchase money to Audi.

Audi is defending the lawsuit, claiming NCA was never its “agent” and it should not be held liable for claims it “misled” Mr Fisher. Mr Fisher has only been able to claw back his $2000 deposit. The rest is still owing.

Ms Cooney, who now works for Lexus, told the court yesterday that she had sold cars through NCA “more than once” but “less than 50” times.

When she was questioned by Mr Fisher’s barrister, Michael Tanevski, Ms Cooney agreed she wanted NCA’s business.

“Otherwise they go to another dealer, who gives them a discount?” Mr Tanevski asked.

“Yes,” Ms Cooney said.

She said that in 2010 the Audi Sydney dealership gave NCA a discount and the dealership agreed to pay NCA a $2000 commission for broking the sale.

Mr Fisher claims the Audi Sydney dealership and Ms Cooney ought to have known he was asking their advice about who he should pay the purchase money to, and owed him a “duty of care”.

Audi Sydney denies the dealership had previous dealings with NCA, or that NCA was Audi’s “agent”. It argues Mr Fisher should have paid it directly for the car.

Judge Bozic has reserved his decision.

In an earlier case, the broker, Natasha Karamalis, also known as Natasha Poulos, was sentenced to eight months jail for fraud committed at NCR.

Christos Developments Pty, traded under the name New Cars Australia (NCA), run by Natasha Karamalis. NCA promised it would use its purchasing power to shop-around on Mr Fisher’s behalf and get him a cut-price deal.

The 28 year old from Bexley was sentenced at Bankstown Local Court on May 4 but the sentence was suspended and she was given an 8-month good behaviour bond.