WA watchdog sues Burk Fuel, claiming 91 fuel sold as premium 95 and 98

The Consumer Protection Agency has filed a civil claim in the Supreme Court against Burk Fuel, alleging breaches of the Australian Consumer Law. The Perth-based chain runs 14 service stations across the city and regional Western Australia. The agency alleges customers were sold unleaded 91 in place of higher-octane 95 and 98 fuel.

Independent testing on samples pulled from several Burk sites between July and February came back as 91 every time, Consumer Protection Commissioner Trish Blake told 102.5 ABC Perth. If the allegations hold up, she called it a 'massive breach of trust for the consumers' — especially because drivers have no way to check what's flowing through the bowser. 'You have to be able to rely and trust on the trader,' she said.

The stakes are practical as well as financial. Unleaded 91 is the minimum standard for most cars, while 95 and 98 are recommended or required for high-performance engines, and 91 costs less. Blake said some drivers will have been 'putting, in good faith, what they believe to be premium 98 unleaded fuel into their high-performance car.' She added the agency will push for significant financial penalties if the case succeeds.

The probe kicked off after a consumer contacted 102.5 ABC Perth with questions about fuel quality at Burk Fuel. Blake said samples from every other WA trader checked out exactly as advertised, and praised the tipster as 'an absolute deadset legend in my book.' When the investigation was announced in April, Burk Fuel strenuously denied the claims, saying it used a reputable supplier and tested its fuel regularly. In a fresh statement, the company said it intends to defend the proceedings, will keep operating as normal and won't comment further while the matter is before the court.