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Jono White v Singh [2020] NZDC 23039

Published 01 June 2022

Appeal from Motor Vehicle Disputes Tribunal — Consumer Guarantees Act 1993 — Motor Vehicle Sales Act 2003 , sch 1 cl 16 — District Court Rules 2014, r 18.9(1). This was an appeal against a decision of the Motor Vehicle Disputes Tribunal upholding the respondent's right to reject a vehicle purchased from the appellant. The respondent had purchased a vehicle from the appellant for $10,500, financed by the appellant under a contemporaneous credit contract. Due to the vehicle's mechanical condition the respondent exercised his right to reject the vehicle under the Consumer Guarantees Act ("the Act"). The appellant did not accept the rejection. The appellant's submissions on appeal addressed issues of whether the Act applied to the sale; whether the vehicle was of acceptable quality; whether the respondent was entitled to rejected the vehicle; whether the respondent could claim consequential loss; whether the credit contract was a collateral agreement in terms of the Act; and whether the vehicle was of a kind ordinarily acquired by consumers for personal, domestic, or household use. The respondent's notice of opposition stated that the notice of appeal did not comply with r 18.9(1) of the District Court Rules or sch 1 cl 16 of the Motor Vehicle Sales Act, in that it did not specify alleged errors of fact or law and did not specify the grounds of appeal in sufficient detail, and that an appeal was only possible where the amount of the claim exceeded $12,500. The Judge agreed with the respondent's submission that the amount claimed was well under $12,500 and that the notice of appeal did not allege an error of fact or law or that the proceedings were conducted in an unfair manner. There was therefore no right of appeal and the appeal was dismissed. Judgment Date: 10 November 2020.

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