MacDonald v Lee European Limited - Reference No. MVD 124/15 (Auckland) [2015] NZMVDT 94 (10 August 2015)

Last Updated: 20 September 2015

Decision No. AK 94 /2015

Reference No. MVD 124/15

IN THE MATTER of the Motor Vehicle Sales Act 2003

AND

IN THE MATTER of a dispute

BETWEEN PETER MACDONALD

Purchaser

AND LEE EUROPEAN LIMITED

Trader

BEFORE THE MOTOR VEHICLE DISPUTES TRIBUNAL

Mr C H Cornwell, Barrister & Solicitor, Adjudicator

ORDER
This application is transferred to the Disputes Tribunal under s.93(1) of the Motor Vehicle Sales Act 2003

Reasons
[1] In terms of s.89 of the Motor Vehicle Sales Act 2003 the Motor Vehicle Disputes Tribunal only has jurisdiction to inquire into and determine applications or claims between a Motor Vehicle Trader and the purchaser of a motor vehicle. In doing so, it may apply the provisions of the Sale of Goods Act 1908, the Fair Trading Act 1986, The Contractual Remedies Act 1979 or the Consumer Guarantees Act 1993, as applicable to the circumstances of the case. The Tribunal does not have jurisdiction to hear claims founded on contract law.

[2] On the basis of the application submitted by the purchaser the Tribunal considers the claim lodged by the purchaser in this matter is for the cost of a three year mechanical breakdown insurance policy which the purchaser claims the trader promised to provide and failed to supply, together with the costs the purchaser claims he has incurred as a consequence of the trader’s failure to supply the mechanical breakdown policy. The Tribunal does not have jurisdiction to hear those claims and hence they must be transferred to the Disputes Tribunal under s 93(1) of the Motor Vehicle Sales Act 2003.

DATED at AUCKLAND this 10th day of August 2015

C.H Cornwell
Adjudicator