12 Feb 2018
McBRIDE STREET CARS LIMITED v THE DISTRICT COURT (DUNEDIN REGISTRY) AND LOACH [2018] NZHC 111
- Citation
- [2018] NZHC 111
- Court
- High Court
Given the totality of circumstances — a well presented vehicle sold at market price, vendor knowledge that it was a statutory write-off, failure to obtain a proper signed acknowledgement of the CIN and deliberate diversion to the VOSA — McBride's omission was objectively misleading or deceptive under s 9 FTA; mere reference to 'imported as damaged' was insufficient where vendor knew the vehicle had been statutorily written-off and the information was material to the purchaser.