New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 117

117 Rescission orders

(1) A court may, on application by the Secretary, if it is satisfied that a ground for making the order has been made out, make an order that--

(a) the sale of a motor vehicle by a motor dealer is rescinded and that the motor vehicle must be returned to the motor dealer, and

(b) any amount paid or the value of other consideration given by the purchaser for the motor vehicle must be returned to the purchaser, subject to any financial adjustment between the motor dealer and the purchaser that the court thinks fit to make.

(2) The court may also make any other ancillary or consequential orders it thinks fit, including an order as to payment of the costs of the application.

(3) The grounds for making a rescission order are as follows--

(a) an inspection report, receipt or declaration required to be attached to the motor vehicle under Division 2 of Part 4 was not attached at all material times when the motor vehicle was offered or displayed for sale by the motor dealer,

(b) a dealer's notice, or a copy of a dealer's notice, was not given to the purchaser in accordance with the applicable requirements of Division 3 of Part 4,

(c) the particulars included in a dealer's notice relating to the motor vehicle were, in the opinion of the court, false or misleading in a material particular,

(d) the body of, or mechanical equipment in, the motor vehicle was at the time it was sold by the motor dealer in such a condition that, in the opinion of the court, it is not practicable to comply with the dealer guarantee for the motor vehicle.

(4) An appeal lies to the Supreme Court against a rescission order made under this section--

(a) by the Local Court as if it were exercising jurisdiction under Part 3 of the Local Court Act 2007 , and

(b) by the District Court as if it were exercising jurisdiction under the District Court Act 1973 .