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Talakai v Easy Driver Ltd [2021] NZDC 7786

Published 02 December 2022

Appeal against tribunal decision — stress damages — Consumer Guarantees Act 1993 — Fair Trading Act 1986 — Motor Vehicle Sales Act 2003, s 89 — Disputes Tribunal Act 1988, s 50 — Mouat v Clark Boyce [1992] 2 NZLR 559. The appellant appealed a decision of the Motor Vehicle Disputes Tribunal for declining to award him stress damages. The appellant had purchased a car from the respondent. Subsequently the car had problems but the respondent declined to accept the appellant's rejection of the vehicle. The appellant later sold the car back to the respondent for the purchase price. The Tribunal determined that the appellant had suffered no loss recoverable under the Consumer Guarantees Act and the respondent was not in breach of the Fair Trading Act. The Judge concluded that stress damages were not available from a breach of a commercial contract, and that the appellant might suffer stress damages was by no means a reasonably foreseeable consequence of a breach by the respondent of any provision of the contract of sale or of any statutory duty. The appeal was dismissed. Judgment Date: 30 April 2021.

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