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Yang v Evi Ltd [2019] NZDC 14559

Published 01 October 2019

Motor Vehicle Disputes Tribunal appeal — faults of a substantial character — Motor Vehicle Sales Act 2003, s 16 — District Court Rules 2014, rr 18.19, 18.20 & 18.24 — McBride Street Cars Limited v Loach[2017] NZDC 10758 — Dallimore Motors Limited v Gourley [1997] DCR 681 — Austin, Nichols & Co Inc v Stichting Lodestar [2007] NZSC 103 — Consumer Guarantees Act 1993, ss 6, 8 & 21. The appellants sought that a decision of the Motor Vehicle Disputes Tribunal be overturned on the basis that the Tribunal erred in fact and law. In support of the appellant's claim, they submitted three new receipts to support their contention that the faults with their vehicle were substantial in character. The Judge reviewed the Court's jurisdiction with respect to tribunal appeals, the prior decision, the relevant legislation, and the receipts, before dismissing the appeal. The Judge found that the receipts largely related to the same matters already reviewed and that the appellants could point to no identifiable mistake of law or fact that would discharge the onus on them. Judgment Date: 26 July 2019.

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