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AZN Motors Ltd v Mitchell [2021] NZDC 1397

Published 08 December 2021

Appeal from tribunal — Motor Vehicle Disputes Tribunal — procedural fairness — Consumers Guarantees Act 1993 — Motor Vehicle Sales Act 2003, sch 1 cl 16(3). The appellant car dealership appealed against a decision of the Motor Vehicle Disputes Tribunal ("MVDT"). The MVDT had found that a car purchased by the respondent had a failure which was of a substantial character, entitling the respondent to reject the vehicle. In an appeal from the MVDT an appellant must show that the manner in which the proceedings were conducted was unfair and prejudicially affected the outcome of the proceedings. The appellant did not point to any procedural unfairness in its notice of appeal, and the Judge could find no error in the reasoning of the MVDT. The appeal was dismissed. Judgment Date: 27 January 2021.

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