I re-read part of the thread and still think the result was different in real life to what was posted.
The OP in that linked thread was offered a settlement on the court steps and the tribunal accepted that settlement so case closed. The
real life result for that OP was that he achieved a $10,500 payment even though not all the bits of the side of the block were found
And any uncertainties about the technical causes don’t matter now
So using that thread as an example, the OP can get a new motor because it might have let go because it was started in the driveway....
Where and how the damage occurred in the linked thread was never really explicitly clarified so that part of the sage is all speculation and somewhat unproductive to discuss at the end of the day, because case closed.
The fact is that a settlement was reached likely because the evidence of the case would have meant that ACL statutory warranty would have applied and the consequence could have been a larger judgement so the seller/dealer/manufacturer cut their losses as is often the case; try to screw purchaser then make an offer if he calls your legal bluff… sadly it’s business as usual
But all this isn’t relevant to this thread because … read below
Have a quick look at my post no #54
You mean
this post #54 where you reply to
@chrisp’s
post #32 and say
Memory serves me right, got a roasting for suggesting it couldn't have happened by just starting the car as others were certain it was a warranty issue.
The two issues are separate; whether the hole can be punched at idle and whether it was a warranty claim. And because the claim was settled, the how/why/when becomes moot (though I’d love to have seen the technical report that the dealer didn’t want to release)…
As is, I’ve known of an old iron lion bending a couple of connecting rods because of a head gasket leak. Now imaging that issue with an inherent manufacturing fault somewhere in the piston, pin, rod, etc… then start the engine and give it a small rev may, it could = boom… again speculation which ain’t helpful…
So if in post #54 you mean an engine can punch a hole in the side of the block at start, I’d agree. Note I use the term start rather than idle cause many older “normal“ non car people often give the throttle a bit of a blip on startup yet they‘d say it was idling
If you don’t agree, we get into discussing speculation without data which is pointless… Guess that’s why I like photos as they can provide lots of data, especially when looking at the markings in the snapped/torn metal which can be telling
So the doubt from many in that linked thread (and you iirc) revolved around why all the bits weren’t found but we’ll never know the technical answer as to why/how because the dealer didn’t want that info to get out… Regardless, that case ended up as settled which is not in dispute at all (unless you just don’t want to believe what people post). Sadly sometimes we don’t get all things tied up nicely
In any case, with this thread, the OP knowingly bought a damaged car with a knock, privately, so ACL warranty is a non starter from the get go. And as he got it cheaply enough, it’s a non issue for him
As to the seller of the broken car in this thread, I doubt he would really be telling the truth about the cars condition (maybe he said it was only driven to church on Sunday by a Peter Brock wannabe). But that doesn’t matter for the OP in this thread as it’s all a non issue
After saying all that, guess what I wanted to say about your
post #60 was purely around the fact it read as you saw a hole in the side of an engine without all the bits being found as never being a warranty claim … and the tribunal case bears different results to your view
