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Auckland Budget Campervan Ltd v Balss [2019] NZDC 25709

Published 09 March 2020

Appeal — Motor Vehicle Disputes Tribunal — rejection of vehicle — pre-existing defects — Consumer Guarantees Act 1993, s 21 — Motor Vehicle Sales Act 2003, sch 1, cl 16 — Disputes Tribunal Act 1988 — Inland Holdings Limited District Court Whangarei [1999] 13 PRNZ 661. The appellant was a company that had sold the respondent a motor vehicle. The respondent believed the vehicle had pre-existing defects (corrosion and headlight faults) that amounted to failure of a substantial character for the purposes of the Consumer Guarantees Act, and sought to return the vehicle. The Motor Vehicle Disputes Tribunal (the MVDT) found that the appellant had been given two opportunities to remedy the defects but had not, so the respondent was entitled to have the purchase price refunded to him within 10 working days. The appellant appealed that decision. As the amount disputed was less than $12,500, the only ground of appeal available was that procedural unfairness had occurred in the MVDT. The appellant could show no procedural unfairness and the appeal was dismissed. Judgment Date: 17 December 2019.

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