Waddaya reckon? Correct or incorrect decision?

kazbanz, May 1, 2:30am
Looking through MVDT cases I came across this gem.
I have my opinion as to what happened but what do you lot reckon?
http://www.nzlii.org/cgi-bin/sinodisp/nz/cases/NZMVDT/2021/47.html?query=2021

nesta129, May 1, 2:46am
Sounds like Mr Li had damaged it himself,got someone to do the poor repair and tried to blame the dealer.He had the car from June 2019 to when the accident happened that highlighted the issue,December 2020.

I doubt no-one saw the damage in all the inspections and the compliance inspector did tick the box for it,meaning it was at least,looked it.
In July 2020,it fails the warrant due to the low beam which was adjusted,however it doesnt say whether the inspector say the headlights held by zip ties.If he had known,he would have failed it on that.So therefore there was no zip ties there as he'd have to open the engine bay to adjust the light?

franc123, May 1, 2:49am
The person who signed off the repair when it was complied is the one I'd be wanting to talk to. However you can't help thinking theres an accident prone driver not telling the truth here.

kazbanz, May 1, 3:31am
Im surprised that the dealer didn't grab an affidavit from the compliance guy

curlcrown, May 1, 3:59am
Similar cases have been thrown out. You raise a good point. Perhaps the dealer failed to prepare properly for the hearing.

pauldw, May 1, 6:39am
So the zip ties get replaced by some plastic rivets and nothing really changes.

kazbanz, May 2, 2:06am
Id say more likely replacement headlights and radiator support panel.

kazbanz, May 2, 2:14am
Yea My take is
1) inspected in Japan -no damage noted.
2) Compliance inspection -involving removal of plastic inner fenders,Wheels etc. NO damage noted.
3) AA pre purchase inspection which involves checking under the car and under the bonnet. for damage--no damage noted.
4) pre sale WOF inspection. No damage noted.
5) the headlights were adjusted Im guessing for a WOF post sale and again no notes re damage.

I really struggle to believe that all four inspections would miss pre existing damage that a insurance assessor not even looking in that area was able to see easily.

franc123, May 2, 2:29am
Yes thats my take on it too.

lythande1, May 2, 5:35am
[17] Milutin Ilic, who appeared for Luxxio Ltd, suggested that this damage could have been caused by someone other than Mr Li, and that person may then have surreptitiously repaired the damage without Mr Li knowing.

WTF? !

[18] Given the extensive damage that would have had to have occurred when the headlights and radiator support panel were damaged, I consider it highly unlikely that the vehicle could have been damaged to that extent without Mr Li knowing. I also note Mr Li had insurance, and that he made a claim against that insurance policy when the vehicle was damaged in December 2020. I consider it likely that, if the frontal impact that caused the headlight and radiator panel damage had occurred during his ownership, Mr Li would have made an insurance claim, rather than bring this claim against Luxxio Ltd.

bitsnpieces2020, May 2, 11:01pm
I think they are suggesting a wife or child may have had use of the car, and had an accident, wanted to get it fixed quick & cheap and not tell Hubby / Dad.

gazzat22, Aug 14, 1:03pm
My thoughts !exactly.Four different inspections and passed ! Something smells in the state of Denmark.!