New Zealand 2 April 2001 Court of Appeal (Integrity Cars (Wholesale) Ltd v. Chief Executive of New Zealand Customs Service) (Autos case)
[Cite as: http://cisgw3.law.pace.edu/cases/010402n6.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: CA 128/00
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Japan (defendant is not the seller, but rather the New Zealand Customs Service)
BUYER'S COUNTRY: New Zealand (plaintiff)
GOODS INVOLVED: Autos, purchased in Japan at auction and imported into New Zealand
APPLICATION OF CISG: No
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
2B [Sales by auction]
Descriptors:
EDITOR: Albert H. Kritzer
CISG provisions are not analyzed. The court refers to the CISG as follows:
"... The relevant transactions occurred in Japan (there was no evidence of Japanese law) and because of their international character may have been subject to the United Nations Convention on Contracts for the International Sale of Goods to which both Japan and New Zealand party (no argument was addressed to it). ..." [para. 19]
Caveats associated with this observation are: Japan is not at this time a party to the CISG and, to the extent the issues concern a sale by auction, CISG article 2(b) states that such sales are not within the scope of this Convention.
CITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (English): [2001] 1 New Zealand Customs Cases, page 61,198 (para. 55-020), published in CCH (Commerce Clearing House) New Zealand Duties Guide (1998); electronic publications at <http://library.cch.co.nz/library/about.asp> and <http://www.linxplus.co.nz>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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Institute of International Commercial Law - Last updated October 16, 2003