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Motor Vehicles Disputes Tribunal of New Zealand |
Last Updated: 5 March 2008
Decision No. AK 115/2006
Reference No. MVD 187/06
IN THE MATTER of the Motor Vehicle Sales Act 2003
AND
IN THE MATTER of a dispute
BETWEEN XXXXX XXXXX
Purchaser
AND XXXXX
T/A XXXXX
Trader
BEFORE THE MOTOR VEHICLE DISPUTES TRIBUNAL
G D Wiles – Barrister, Adjudicator.
Mr G Burkett - Advanced Trade
Mechanical Member, Assessor.
HEARING at AUCKLAND on 20 October 2006
APPEARANCES
The Purchaser appeared in person.
Mr J XXXXX appeared on behalf of the
Trader.
DECISION
[1] This application by Mr XXXXX concerns his purchase of a 1997 Subaru Legacy TSR vehicle from the Trader on 1 July 2006, for a price of $6,500.
[2] It was unnecessary for the Tribunal to hear evidence from the parties, who indicated shortly prior to the commencement of the scheduled hearing that they had reached a settlement of their differences. They invited the Tribunal to record the terms of settlement, as follows:
(a) The Purchaser shall return to the Trader the Subaru Legacy, the subject of this application, for the purpose exchanging that vehicle for another vehicle from the Trader’s wholesale stock.
(b) The Trader shall offer the Purchaser the choice of a replacement vehicle of equivalent monetary value assessed on a wholesale and not a retail basis.
(c) The Purchaser shall at his own cost be entitled to obtain an independent mechanical inspection of the vehicle selected by him in accordance with this settlement and his acceptance of that vehicle shall be subject to his being satisfied of the result of the independent inspection and report.
(d) In the event that the Purchaser has not accepted the offered replacement vehicle within 15 days (4 November 2006) then leave is reserved to either party to apply to the Registrar for a hearing before the Tribunal.
[3] Both parties are to be congratulated on the effort expended in good faith to achieve what appears to be a sensible resolution of their dispute.
DATED at AUCKLAND this day of 2006
G D Wiles
Adjudicator
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URL: http://www.nzlii.org/nz/cases/NZMVDT/2006/182.html