Bell v Autofind NZ Limited - Reference No. MVD 87/2012 (Auckland) [2012] NZMVDT 52 (18 June 2012)

Last Updated: 19 July 2012

Decision No. AK 42 /2012

Reference No. MVD 87/2012

IN THE MATTER of the Motor Vehicle Sales Act 2003

AND

IN THE MATTER of a dispute

BETWEEN NAOMI LEE BELL

Purchaser

AND AUTOFIND NZ LIMITED

Trader

BEFORE THE AUCKLAND MOTOR VEHICLE DISPUTES TRIBUNAL

Mr C H Cornwell, Barrister & Solicitor, Adjudicator

MINUTE

[1] On 31 May 2012 the Tribunal received and filed an application from Naomi Lee Bell (“the applicant”). The applicant says she purchased a 2004 Volkswagen Golf registration FQL993 (“the vehicle”) from Autofind NZ Limited (“the trader”) on 13 January 2012 for $13,000.

[2] The applicant also says that before she agreed to buy the vehicle she made a written agreement with the trader that in consideration of paying a deposit of $1,000 on the vehicle on 13 January 2012 the trader agreed, by the close of business on 16 January 2012, to carry out eight repair and servicing items of work to the vehicle. The applicant also says that the trader has failed to do those items of work or if they have been done they have not been done to an acceptable quality. The applicant seeks to recover from the trader the cost she has been quoted of $1,716.49 in having the agreed items of work done.

[3] The Tribunal’s jurisdiction under s 89 of the Motor Vehicle Sales Act 2003 (“MVSA”) does not include jurisdiction to hear and determine contract based claims which is what the Tribunal considers this application to be. The Tribunal does however have authority under s 93(1) of the MVSA to order the proceedings be transferred to a court or other body that has jurisdiction to determine the matter. The Disputes Tribunal has jurisdiction to hear the applicants claim.
[4] The Tribunal has therefore decided to transfer the application to be determined by the Disputes Tribunal at Auckland and will order accordingly.

Order

The application is transferred to the Disputes Tribunal at Auckland.

DATED at Auckland 18 June 2012

C.H.Cornwell
Adjudicator