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Joden Finance Ltd v Prersslip [2020] NZDC 2628

Published 07 November 2024

Appeal from tribunal — Motor Vehicle Disputes Tribunal — application to adduce further evidence — right to reject — damage after purchase — Consumer Guarantees Act 1993, ss 20(1)(c) & 21(c). This was a pre-trial application to adduce further evidence by the finance company. They were appealing a decision of the Motor Vehicle Disputes Tribunal (MVDT) finding that the respondent had not lost his right to reject the car he purchased under s 20(1)(c) of the Consumer Guarantees Act 2003 because of damage to the car subsequent to purchase. The basic rule for allowing new evidence in a tribunal appeal is whether the evidence had came to light after the tribunal decision appealed against, and whether it was relevant to the determination of the appeal. This was not the case here. The Judge dismissed the application to adduce further evidence and stated that the appeal was to proceed on the basis of the decision of the MVDT. Judgment Date: 13 February 2020.

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