Trisha Shetty

Automobile Centre (Auckland) Ltd v Facer

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Decided  06 August 1974
End date  August 6, 1974
Citation(s)  [1974] 2 NZLR 767
Ruling court  High Court of New Zealand
Automobile Centre (Auckland) Ltd v Facer
Full case name  Automobile Centre (Auckland) Ltd v Facer
Judge sitting  Robin Cooke, Baron Cooke of Thorndon

Automobile Centre (Auckland) Ltd v Facer [1974] 2 NZLR 767 is an often cited case regarding illegal contracts under the Illegal Contracts Act 1970, as this is one of the first cases decided since the law was passed.

Contents

Background

Automobile Centre sold Facer a car. The car did not have a Warrant of Fitness that lasted more than the 5 months that regulation 53 of the Transport Regulations 1956 legally requires, with a penalty upon conviction, of a fine.

Facer subsequently used this breach of the law to not pay for the car, claiming the contract was illegal. and thus not legally enforceable.

The car dealer ultimately sued Facer to obtain payment.

Held

The court ruled that the Regulations' purpose was road safety, and not consumer protection as Facer had argued. That being the case, the judge noted that the interests of road safety could be served by fines rather than go as far as making the purchases illegal, and ruled that Facer was liable to pay for the car.

References

Automobile Centre (Auckland) Ltd v Facer Wikipedia


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