Published 30 April 2018
Vehicle ownership — bonafide purchaser for value without notice — possession — Police Act 2008, s 40 — Sale of Goods Act 1908, s 27(2) — Jeffcott v Andrew Motors Ltd [1960] NZLR 721. The Court was asked to determine the ownership of a vehicle in circumstances where the possession of two cars were swapped between the registered owners. The details and whether consent for the swap was agreed by one of the owners was disputed, and a complaint was made to the Police. The vehicle was registered to the second person's partner and subsequently sold to a third party. The Court found that despite the contended intention to swap vehicles possession of the vehicle had been obtained by the second person. The court found that the third party had no knowledge of the circumstances under which the seller had gained possession, had paid cash and was therefore entitled to to be regarded as a bonafide purchaser for value of the vehicle. An order was made that third party was the true owner of the vehicle. Judgment Date: 15 August 2017.
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