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L W Motors Ltd v Holder James [2016] NZDC 26009

Published 13 April 2017

Appeal from Motor Vehicle Dealers Disputes Tribunal — Whether party understood proceedings — whether proceedings were procedurally unfair — Motor Vehicle Sales Act 2003, s 82 (4), Sch 1 — Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45. An appeal from the Motor Vehicle Dealers Disputes Tribunal was dismissed as it was brought by the plaintiff who wished to introduce evidence that was not available to him at the time of the original hearing. The plaintiff claimed that he did not understand what was in issue at the hearing and that he had new evidence to present. The court considered the use of an interpreter during the hearing, the explanation given by the Adjudicator to the plaintiff as to what he should do if he did not understand during the hearing so the interpreter could assist him, and the plaintiff's fluency in English. The court found that the plaintiff did understand what was in issue at the hearing, and that the appeal was being used to present further evidence. The appeal was dismissed as no procedural unfairness was established. Judgment Date: 19 December 2016.

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