Motor Vehicle Disputes Tribunal appeal — failure of substantial character — repair in reasonable time — unfair and prejudicial proceeding — Motor Vehicle Sales Act 2003 — Consumer Guarantees Act 1993 s 18 — Disputes Tribunals Act 1988 s 50 — NZI Insurance New Zealand Limited v Auckland District Court [1993] 3 NZLR 453 — Inland Holdings Limited v District Court at Whangarei (1999) 13 PRNZ 661 — Shepherd v Disputes Tribunal [2004] NZAR 319 — Acquired Holdings Limited v Turvey [2008] 8 NZBLC 102 — Small Claims Tribunals Act 1976. The appellant sought an appeal of a Motor Vehicle Disputes Tribunal decision that found, although there was not a failure of a substantial character (warranting the rejection of the vehicle) in the sliding-door defect of the vehicle, there was a breach of the acceptable quality guarantee provided by s 18(2)(a) of the Consumer Guarantees Act. The respondent was entitled to have those defects rectified within a reasonable time. The vehicle was still at the appellant's premises, not repaired, at the time of the appeal. The case turned on cl 16 Schedule 1 of the Motor Vehicle Sales Act that provides that unless the amount claimed exceeds $12,500, an appeal can only be brought where the Tribunal's proceedings were conducted in a manner that was unfair to the appellant and prejudicially affected the result of the proceeding. In this case, the claim did not exceed $12,500. The Judge found the appellant was unable to find fault in the Tribunal's proceeding and that the appellant's submissions related to challenges to the Tribunal's fact finding, which does not fall within the narrow scope of appeal. Therefore, the appeal was dismissed. Judgment Date: 11 April 2019.