Burton v Cycletreads Limited - Reference No. MVD 303/2017 [2018] NZMVDT 20 (15 February 2018)

Last Updated: 16 March 2018

BEFORE THE MOTOR VEHICLE DISPUTES TRIBUNAL
		[2018] NZMVDT 020 Reference No. MVD 303/2017
	IN THE MATTER	of the Motor Vehicle Sales Act 2003
	AND
	IN THE MATTER	of a dispute
	BETWEEN	DANIEL MARTIN PARKE BURTON
		Purchaser
	AND	CYCLETREADS LIMITED
		Trader
MEMBERS OF TRIBUNAL
B R Carter, Barrister – Adjudicator
S Gregory, Assessor
HEARING at Auckland on 15 February 2018
DATE OF DECISION 15 February 2018
APPEARANCES
No appearance by the Purchaser
B Sharp, for the Trader

ORDERS

1. Daniel Burton’s application is dismissed.

DECISION

[1] Daniel Burton failed to attend the hearing scheduled for 9 am on 15 February 2018, despite receiving a Notice of Hearing notifying him of the time and place of the hearing. His application is therefore dismissed.

REASONS

[2] Mr Burton filed an application in the Motor Vehicle Disputes Tribunal on 20 September 2017, complaining that the motorbike he purchased from Cycletreads Limited had a different model year from that represented to him.
[3] On 31 January 2018, Mr Burton was sent a Notice of Hearing, notifying him that his application was to be heard at 9am on 15 February 2018, at Level 2, Chorus House, 41 Federal Street, Auckland.
[4] Mr Burton failed to attend the hearing. Ministry of Justice staff attempted to contact Mr Burton, without success.
[5] Given Mr Burton’s non-attendance, and the absence of any explanation for that non-attendance, his application is dismissed.

DATED at AUCKLAND this 15th day of February 2018

B.R. Carter
Adjudicator