Nathaniel, a truck driver, ran a transport business as owner driver. He needed to purchase a new
Question:
Nathaniel, a truck driver, ran a transport business as owner driver. He needed to purchase a new prime mover, which is a truck with a robust engine that can carry heavy loads for long distances. He negotiated with a dealer Ultimate Trucks Ltd for that purpose. Shortly after Nathaniel began using the new prime mover to drive from Sydney to Gosford, he discovered that at certain speeds, the prime mover vibrated excessively and was difficult to steer, and this seemed to be due to a defective chassis. Nathaniel commenced proceedings against the dealer, Ultimate Trucks Ltd and the manufacturer, Toyo Ltd. He argued that in relation to the action against both the dealer and the manufacturer, the matter was a consumer transaction because the prime mover was a vehicle acquired for use mainly in the transport of goods on public roads.
Advise Nathaniel of his legal position in these circumstances. Support your answer with case law and legislation where applicable.