Man whose luxury cars were repossessed and sold loses Supreme Court appeal bid

The Supreme Court today dismissed Desmond James Albert Conway's application for leave to appeal, saying resolving the case was unlikely to affect his obligation to pay Mercedes-Benz Financial Services the money owed. Photo / 123RF

A man challenging a finance company's right to repossess and sell his three Mercedes cars after he fell behind on car loan payments, has had his bid dismissed by the Supreme Court.

Desmond James Albert Conway bought three Mercedes cars, all financed by Mercedes-Benz Financial Services New Zealand Ltd (MBFS), in 2011.

However after defaulting on his repayment obligations, two of the cars were repossessed in 2013 and the third in 2015. All three were subsequently sold.

In August 2016, MBFS commenced proceedings in the High Court to recover the balance of what was owed to them by Conway.

Conway argued that the MBFS had not complied with requirements for giving notice of the sale of the cars. His arguments were rejected.

He then appealed to the Court of Appeal, but his application was dismissed in October last year.

The Supreme Court today dismissed Conway's application for leave to appeal, on the basis that resolving the case was unlikely to affect the ultimate issue being his obligation to pay MBFS the money owed under the finance agreements between the two parties.

Conway was ordered to pay costs of $2,500 to MBFS.