Napier v North Shore District Court

[2020] NZHC 1482

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-2572

[2020] NZHC 1482

BETWEEN

MARTIN NAPIER

Applicant

AND

NORTH SHORE DISTRICT COURT

First Respondent

LANDSEER MOTOR INVESTMENTS AUCKLAND LIMITED

Second Respondent

Hearing:

On the papers

Counsel:

Plaintiff in person

B Endean (formerly A C Foley) for Second Respondent

Judgment:

29 June 2020

JUDGMENT (NO 2) OF WHATA J

This judgment was delivered by me on 29 June 2020 at 4.00 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date: ………………………….

Solicitors:           Dawsons Solicitors, Auckland

NAPIER v NORTH SHORE DISTRICT COURT [2020] NZHC 1482 [29 June 2020]

[1]    In my judgment of 15 June 2020, I allowed Mr Napier’s application for judicial review of a summary judgment about a debt on a car in favour of Landseer Motor Investments Auckland Limited (Landseer). I set aside the summary judgment. However, one issue was left to be determined, namely, the final form of relief. I invited submissions from counsel and Mr Napier about that. Mr Napier submits that the matter be referred to the Motor Vehicle Disputes Tribunal for determination, being the specialist body specifically established to hear motor vehicle disputes, which has expertise in this field of law. Landseer, however, opposes such a course. It requests that the matter be remitted back to the District Court to be heard as an ordinary proceeding.

[2]    I was prepared to entertain referral to the Motor Vehicle Disputes Tribunal if that could have been achieved by agreement. As there is no agreement, however, I simply refer the matter back to the District Court as an ordinary proceeding.