Straight v Cars Under $7990 Limited - Reference No. MVD 383/2016 (Wellington) [2017] NZMVDT 1097; [2017] NZMVT Wellington 97 (24 February 2017)

Motor Vehicle Disputes Tribunal of New Zealand

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Straight v Cars Under $7990 Limited - Reference No. MVD 383/2016 (Wellington) [2017] NZMVDT 1097 (24 February 2017); [2017] NZMVT Wellington 97

Last Updated: 22 March 2017

BEFORE THE MOTOR VEHICLE DISPUTES TRIBUNAL

Reference No. MVD 383/2016 (WN97)

IN THE MATTER of the Motor Vehicle Sales Act 2003

AND

IN THE MATTER of a dispute

BETWEEN BARRY STRAIGHT

Purchaser

AND CARS UNDER $7990 LIMITED

Trader

MEMBERS OF TRIBUNAL

J S McHerron, Barrister – Adjudicator

R Dixon – Assessor

HEARING at Christchurch on 24 February 2017

DATE OF ORDER 24 February 2017
APPEARANCES

B Straight, Purchaser (by AVL)
S Straight, Purchaser's wife (by AVL)
M H Lander, Purchaser's witness
J Lander, Purchaser's witness

H Cross, General Manager of Trader
S Mitton, Employee of Trader

CONSENT ORDER

During the hearing, the parties agreed to settle this matter. By consent, the Tribunal makes the following orders in full settlement of Mr Straight’s claim:

1. Cars Under $7,990 Ltd must pay Mr Straight $4,930.49 immediately.
2. Following payment of the amount in A. above, Cars Under $7,990 Ltd must make arrangements for collection and/or disposal of the vehicle, at its expense (including for any storage fees), from AG Auto Repairs in Wellington.

100. Mr Straight must not deregister the vehicle. Cars Under $7,990 Ltd is to take responsibility for transferring the vehicle's ownership into its name.
     

J S McHerron
Adjudicator