6 Aug 2018
KENNY v MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2018] NZHC 1984
- Citation
- (2018) 15 TCLR114
- Court
- High Court
The court held that sales of repossessed vehicles by a finance company can constitute the business of motor vehicle trading depending on circumstances; s 9 protects finance companies only where they sell through a registered motor vehicle trader. Holding out under s 8(1)(a) requires representation to the public which was not established on these facts, but the plaintiff's volume and purpose of sales met s 8(1)(b): selling repossessed vehicles was undertaken for the primary purpose of commercial gain (including minimising losses). The declaratory relief sought was refused.