Pan v Coogo Auto Ltd - Reference No. MVD 316/2022 [2022] NZMVDT 295 (22 December 2022)

Last Updated: 23 January 2023

IN THE MOTOR VEHICLE DISPUTES TRIBUNAL I TE RŌPŪ TAKE TAUTOHENGA Ā-WAKA MVD 316/2022 [2022] NZMVDT 295 BETWEEN JUN HAO PAN Applicant AND COOGO AUTO LTD Respondent

HEARING at AUCKLAND on 13 October 2022 MEMBERS OF TRIBUNAL

B R Carter, Barrister – Adjudicator S Haynes – Assessor

DATE OF DECISION 22 December 2022

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DECISION OF THE TRIBUNAL

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[1] Jun Han Pao purchased a 2012 Volkswagen Sirocco for $14,200 from Coogo Auto Ltd on 7 March 2022. Mr Pao applied to the Tribunal seeking to reject the vehicle, alleging that it has had numerous defects that are inconsistent with its stated age and mileage.
[2] Mr Pan filed this claim in August 2022 and a hearing was held on 13 October 2022. That hearing was adjourned and a further hearing scheduled for 14 December 2022. Coogo Auto Ltd was then placed in liquidation on 30 November 2022, with Paul Vlasic of Rodgers Reidy Ltd appointed as liquidator.[1]
[3] The fact that Coogo Auto Ltd is in liquidation is significant. Under s 248(1)(c)(i) of the Companies Act 1993, a person can only continue legal proceedings against a company in liquidation with the consent of the High Court or the liquidator. Because these are legal proceedings and because Coogo Auto Ltd is in liquidation, the proceedings cannot continue – meaning the Tribunal cannot consider this claim - unless the liquidator agrees or there is an order from the High Court.
[4] Mr Vlasic has advised the Tribunal that he does not consent to the claim continuing and, in an email dated 20 December 2022, Mr Pan advised the Tribunal that he “will no longer continue this proceedings against Coogo”.
[5] Accordingly, because Coogo Auto Ltd is in liquidation and Mr Pan has advised that he no longer wants to continue, Mr Pan’s claim is discontinued.

DATED at AUCKLAND this 22nd day of December 2022

B.R. Carter
Adjudicator

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[1] https://app.companiesoffice.govt.nz/companies/app/ui/pages/companies/5436470