district court logo

Revolution Industries v Bayly Construction [2018] NZDC 5805

Published 27 February 2019

Appeal from Motor Vehicle Disputes Tribunal — rejection of vehicle — refund — Motor Vehicle Sales Act 2003, s 16 — Disputes Tribunals Act 1988, s 50 — Inland Holdings Ltd v District Court at Whangarei (1999) 13 PRNZ 66 — Shepherd v Disputes Tribunal [2004] NZAR 319. Revolution Industries Ltd (RIL) appealed against a decision of the Motor Vehicle Disputes Tribunal. RIL had sold a car to Bayly Construction Ltd (BCL) for $5500. The car failed a warrant of fitness 6 months later due to structural corrosion. The decision of the Tribunal was essentially that the structural corrosion was a failure of a substantial character. The car was not up to warrant of fitness standard when it was sold and a reasonable consumer would not have paid $5500 for a car if they knew it had structural corrosion which would cost $2000 to repair. The basis of the appeal was that procedural unfairness had occurred at the hearing. Mr and Mrs Bayly had brought their sick child and the child been disruptive during the hearing. The judge dismissed this concern as the transcript clearly showed that the parents had left the room and returned once the child had settled. There were also moments when the Adjudicator went out of their way to ensure Mr McKeown (for the appellant) got full opportunity to present his case. The appeal was dismissed, as there could be no appeal against the Adjudicator's finding of fact or decisions on legal matters, and there was no procedural unfairness. Judgment Date: 23 March 2018.

Tags