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McBride Street Cars Ltd v Loach [2017] NZDC 10758

Published 21 August 2017

Reserved judgment — Motor Vehicles Sales Act 2013, s 16 — Motor Vehicle Disputes Tribunal — misleading — deceptive conduct — deception by silence — appeal — Supplier Information Notice — Consumer Information Notice — sale of written off vehicle imported from Australia — Fair Trading Act 1986 — District Court Rules 2014. The respondents purchased a vehicle from the appellants who had not disclosed that the vehicle was found to be certified as a statutory write-off vehicle because of storm and flood damage. Following a hearing at the Motor Vehicle Disputes Tribunal it was decided that the vehicle offer and sale agreement was void and the appellants were to refund the respondents the purchase price immediately. The appellants appealed this decision. The court accepted the the vehicle offer and sale agreement did not contain any acknowledgment that the statutory and regulatory duties were met, and agreed with the Tribunals decision in that "there was a “clear nexus between the misleading conduct and the purchaser’s decision to proceed with the purchase of the vehicle. The appeal was dismissed. Judgment Date: 26 May 2017

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