The High Court on Circuit in Carlow varied a Circuit Court damages award to €6,625 in a dispute over the fuel consumption of a Volkswagen Passat. Mr Justice Michael Peart delivered judgment on 29 November 2007, affirming the lower court’s order except for the amount of the decree.
Lester Rothwell bought the diesel car from Arrowdale Limited, trading as Sheehy Motors, for €32,500 in January 2003. The judgment says the defendant accepted that Rothwell had specified a minimum fuel consumption of 50 miles per gallon and was assured the recommended car would meet it.
Rothwell gave evidence that his records showed fuel consumption of about 34 mpg. The dealer and others tested the car on different occasions, with results ranging from 27.68 mpg to readings above 50 mpg. The first AA test, in July 2003, recorded 34.69 mpg. Later tests by the car’s importer produced results of 56.08 mpg in September 2003 and just over 50 mpg in March 2005. A turbo fault was found and repaired; other diagnostic tests disclosed no fault.
The judge accepted Rothwell’s evidence that, apart from a short-lived improvement after the turbo repair, the car did not meet the specified fuel economy while he owned it. He also accepted the test results, but said they showed conditions on particular days. He found no established explanation for the car’s performance and no underlying fault apart from the repaired turbo issue. The judgment records that the claim did not allege that Rothwell’s driving caused the low consumption.
Rothwell sold the car privately in March 2006 for €14,500, after travelling about 56,000 miles. Because it had been sold, the claim for rescission was no longer applicable. The judge was also not satisfied that Rothwell’s 2003 request for his money back had amounted to rescission, and said there had not been a complete failure of consideration.
Instead, the judge assessed the loss as the additional fuel cost over 56,000 miles, comparing consumption at 36 mpg with the 50 mpg specification. Using a diesel price of 82 cents per litre, he calculated that difference as €1,625. He added €5,000 in general damages for the inconvenience and aggravation of pursuing the problem. The resulting decree was €6,625.