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1 Stop Cars NZ Ltd v Liang [2019] NZDC 25511

Published 22 July 2020

Appeal — Motor Vehicle Disputes Tribunal — Contract and Commercial Law Act 2017, s 37 — Motor Vehicle Sales Act 2003, sch 1 cl 16 — Disputes Tribunal Act 1988 — Inland Holdings Limited v District Court at Whangarei (1999) 13 PRNZ 661 (HC). The appellant company appealed a decision by the Motor Vehicle Disputes Tribunal (MVDT) that found the appellant owed the respondent $2400 for breach of contract. The appellant had agreed to sell the respondent a motor vehicle and the respondent had paid a deposit, but the appellant sold the car to another purchaser following a disagreement about the price. The tribunal found that the purchase price of the vehicle had been reduced by agreement from $16,549 to $14,600. The vehicle was sold to another purchaser for the price of $16,549. The adjudicator at the MVDT hearing found that in subsequently selling the vehicle was a clear repudiation of the contract and the respondent was entitled to be put in the situation he would have been in had the contract been performed. He was awarded $1000 for his deposit and a further $1400 as the difference between the agreed selling price and the actual selling price. The Judge was satisfied the adjudicator was entitled to come to that conclusion and there could be no challenge to the factual findings of the MVDT. There was no basis for the appeal and it was dismissed. Judgment Date: 13 December 2019.

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