Mewada v 1StopCars.co.nz Limited T/A 1 Stop Cars Reference No. MVD 252/15 (Auckland) [2015] NZMVDT 181 (21 December 2015)

Last Updated: 19 January 2016

BEFORE THE MOTOR VEHICLE DISPUTES TRIBUNAL

[2015] NZMVT Auckland 159

Reference No. MVD 252/15

IN THE MATTER of the Motor Vehicle Sales Act 2003

AND

IN THE MATTER of a dispute

BETWEEN MANHAR SHANKARLAL MEWADA

Purchaser

AND 1STOPCARS.CO.NZ.LIMITED T/A 1 STOP CARS

Trader

MEMBERS OF TRIBUNAL
Mr C H Cornwell, Barrister & Solicitor, Adjudicator
Mr S D Gregory, Assessor

HEARING at Auckland on 16 December 2015

DATE OF DECISION 21 December 2015

APPEARANCES

There was no appearance by the Purchaser
Mr S Nazif, manager for the trader

Orders

1. The purchaser’s application is dismissed.
   
2. The purchaser shall, within ten days of the date of this order, pay the Tribunal’s reasonable hearing costs of $500 to the Crown at the Ministry of Justice Tribunal’s Unit, Level 1 Chorus House, 41 Federal Street Auckland.
   

Reasons

1. Mr Mewada (“the purchaser”) was sent notice of the time and place of the hearing on 30 November 2015 and the Tribunal’s Case Manager telephoned the purchaser and emailed the purchaser with the specific venue information on Friday 11 December 2015.
2. At 2pm when the purchaser had not appeared at the hearing the court-taker telephoned the purchaser. The purchaser said he was parking his car and would be at the hearing room, the location of which the court taker reconfirmed, in 10 to 15 minutes.
3. At 2-20pm when the purchaser had failed to appear, his application was dismissed.
4. The Tribunal has power under clause 14(1)(b) of the Schedule to the Motor Vehicle Sales Act 2003 to award costs against a party who, after receiving notice of a hearing, fails to attend the hearing without good cause. The Tribunal finds the purchaser failed to attend the hearing without good cause.
   

DATED at AUCKLAND this 21st day of December 2015

C. H. Cornwell
Adjudicator