Used-Car Firm To Appeal

Press, Volume CVI, Issue 31089, 18 June 1966, Page 3

Used-Car Firm To Appeal

(N.Z. Press Association) HAMILTON, June 17. Fleetwood Motors Ltd., one of New Zealand’s largest used-car dealers which had its trading licence cancelled today for what Mr Stewart Hardy, S.M., described as “blatant deceit,” will appeal against the penalty the Magistrate imposed. The company was charged with two breaches of the Motor-Vehicle Dealers’ Act. The charges, which arose from the sale of a 1959 model Pontiac car, formerly owned by Mrs Agnes Colleen Gilroy, of St. Helier’s Bay, Auckland, were that the company failed in its obligation as an agent to pay all money received for the sale of the ear, and that it fail# to render an ac-

count in writing to Mrs Gilroy setting out details of money received from the sale within the seven day specified by the act. Fleetwood Motors, through Mr J. G. Dillon, pleaded guilty to both charges. The offences occurred on or about December, last year. Detective-Sergeant J. G. Long told the Court that in November last year, Henry Patrick Gilroy, husband of the complainant, asked Fleetwood Motors to sell the car registered in his wife’s name. Mrs Gilroy signed a blank change of ownership paper. Gilroy asked £1175 for the car and was told by the company’s salesman that the vehicle “should be sold within 10 days.” When Fleetwood Motors had not communicated with him by December 16, Gilroy telephoned the company’s manager, Bruce Patrick Mundy, who told him the car had not been sold. Mundy then offered Gilroy £lO5O, which he refused to accept January 1, Gilroy

was again informed the car had not been sold. On January 27, Gilroy and his wife travelled to Hamilton to discuss the sale with Mundy, but on reaching the company’s premises they were told the vehicle was at Fleetwood’s Huntly branch. Then they travelled to Huntly where a salesman told them the car was out being test-driven by a prospective buyer. Later the same day, Gilroy accepted an offer of £llOO from Mundy. Next day he rang the motor-registration authorities in Wellington where he was told the car had been registered and the ownership changed on December 15 Detectives found the car had been sold to a Rarotongan for £l4OO on December 10. “Gilroy was told on January 16 that the car was not sold, but, in fact, it had been sold a month previously for £1400,” said Mr Long. Mr Long said this the

■ first time a charge had been laid and, although it carried I a penalty of £5O, it also allowi ed suspension of the motor i vehicle dealers licence. “The ■ charges reveal lying and de i celt,” he said. Mr Dillon said it was admitted the car was sold for > £l4OO, but the purchaser was I paid £575 for a trade-in, plus ; a cheque for £125, and four • months later the trade-in realised only £325. ' “The company was not con--1 fident of the sale,” said Mr i Dillon. “It,was anxious that i the trade-in agreement should i be honoured by the RarotonI gan before the money from ! the sale of the Pontiac were ■ transferred to Gilroy. “I submit that the company - should not be held respon- • sible for the actions of one ■ of its directors.” The Magistrate said the ■ charges were serious ones. L “They are blatant and coupled i with deceit.” He cancelled the company’s licence, and fined it £4O on i each of the two charges.