Spiers v Industry Motors Ltd - Reference No. MVD 435/2019 [2020] NZMVDT 6 (31 January 2020)

Last Updated: 20 February 2020

IN THE MOTOR VEHICLE DISPUTES TRIBUNAL I TE RŌPŪ TAKE TAUTOHENGA Ā-WAKA MVD 435/2019 [2020] NZMVDT 6 BETWEEN KENT SPIERS Purchaser AND INDUSTRY MOTORS LTD Trader

MEMBERS OF TRIBUNAL

B R Carter, Barrister – Adjudicator

S Haynes, Assessor

DATE OF DECISION 31 January 2019

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DECISION OF THE TRIBUNAL

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A Kent Spiers’ application is struck out

[1] In December 2019 Kent Spiers filed an application with the Tribunal alleging that the 2007 BMW 335i he purchased from Industry Motors Ltd had a substandard mag wheel. Both Mr Spiers and Industry Motors were then sent a Notice of Hearing on 12 December 2019 advising them that Mr Spiers’ claim would be heard by the Tribunal at 11am on 28 January 2020.
[2] Neither Mr Spiers nor Industry Motors attended the scheduled hearing. Both had previously advised the Tribunal that the matter was in the process of being settled, but the parties have not confirmed that settlement has been reached. It would appear from their failure to attend the scheduled hearing that the matter has been satisfactorily resolved.
[3] Because he failed to attend the hearing and has provided no reasonable excuse for non-attendance, exercising my power under cl 9B(2)(a) of Sch 1 to the Motor Vehicle Sales Act 2003, Mr Spiers’ claim is struck out.

DATED at AUCKLAND this 31st day of January 2020

B.R. Carter
Adjudicator