Smit v Kiwi Cars 2004 Limited - Reference No. MVD 45/2014 (Auckland) [2014] NZMVDT 47 (13 May 2014)

Last Updated: 17 June 2014

Decision No. AK 43 /2014

Reference No. MVD 45/2014

IN THE MATTER of the Motor Vehicle Sales Act 2003

AND

IN THE MATTER of a dispute

BETWEEN SHARRON MATHILDE SMIT

Purchaser

AND KIWI CARS 2004 LIMITED

Trader

BEFORE THE MOTOR VEHICLE DISPUTES TRIBUNAL
Mr C H Cornwell, Barrister & Solicitor, Adjudicator
Mr S D Gregory, Assessor

HEARING at Auckland on 12 May 2014

APPEARANCES

Mrs S M Smit, the purchaser

Mr S Beard, purchaser’s partner and witness
Mr V P Harvey, director, for the trader

CONSENT ORDER

The purchaser and the trader have agreed to settle the purchaser’s claim against the trader filed with the Tribunal as application 45/2014 on the following basis:
1.By the trader arranging at its cost to provide within seven days of the date of this order the following parts for the 2006 Ford Transit 115T350 Flatdeck truck (“the vehicle”) sold by the trader to the purchaser and delivering those parts to the purchaser’s repairer, Avon City Ford at 165 Main South Road Christchurch:

1. one auxiliary engine drive belt
2. one reconditioned vacuum pump

100. two rear shock absorbers
     

2. By the trader obtaining and providing the purchaser within seven days of the date of this order with a copy of the service history of the vehicle.

DATED at AUCKLAND this 13 May 2014

C.H Cornwell
Adjudicator