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MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 117
Rescission orders
117 Rescission orders
(1) A court may, on application by the Secretary, if it is satisfied that a
ground for making the order has been made out, make an order that-- (a) the
sale of a motor vehicle by a motor dealer is rescinded and that the
motor vehicle must be returned to the motor dealer, and
(b) any amount paid
or the value of other consideration given by the purchaser for the
motor vehicle must be returned to the purchaser, subject to any financial
adjustment between the motor dealer and the purchaser that the court thinks
fit to make.
(2) The court may also make any other ancillary or consequential
orders it thinks fit, including an order as to payment of the costs of the
application.
(3) The grounds for making a rescission order are as follows--
(a) an inspection report, receipt or declaration required to be attached to
the motor vehicle under Division 2 of Part 4 was not attached at all material
times when the motor vehicle was offered or displayed for sale by the
motor dealer,
(b) a dealer's notice, or a copy of a dealer's notice, was not
given to the purchaser in accordance with the applicable requirements of
Division 3 of Part 4,
(c) the particulars included in a dealer's notice
relating to the motor vehicle were, in the opinion of the court, false or
misleading in a material particular,
(d) the body of, or mechanical equipment
in, the motor vehicle was at the time it was sold by the motor dealer in such
a condition that, in the opinion of the court, it is not practicable to comply
with the dealer guarantee for the motor vehicle.
(4) An appeal lies to the
Supreme Court against a rescission order made under this section-- (a) by the
Local Court as if it were exercising jurisdiction under Part 3 of the
Local Court Act 2007 , and
(b) by the District Court as if it were
exercising jurisdiction under the District Court Act 1973 .
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