3 Nov 2014

Delay in calculating liability deemed reasonable

7:01 am on 3 November 2014

The Financial Markets Authority says it considers it reasonable for Motor Trade Finance to delay working out its potential liability following two High Court judgements.

Motor Trade Finances logo

Photo: RNZ / Ian Telfer

MTF has said it still is not in a position to quantify its potential liability in what is known as the Sportzone Motorcycles case because it is appealing both judgements.

Justice Toogood first ruled earlier this year that some of the fees charged on 39 representative loans were not reasonable.

In his second judgement earlier this month, Justice Toogood made a detailed line-by-line ruling on which fees MTF charged were reasonable and which were not.

He disallowed including the costs of training, travel, directors' fees, accounting, legal and audit costs in the fees charged to customers taking out loans to buy vehicles.

However, Justice Toogood did allow a number of costs relating directly to the loans to be included in fees.

MTF earns about $10 million a year from fees. The FMA says a majority of MTF's shareholders voted at a meeting in August against requiring the company to calculate its potential liability.

The capital markets regulator said it believed MTF shareholders were sufficiently informed about the case and that the judgements may result in a liability for MTF, as well as affecting its future ability to charge certain fees.

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