NSW Can we cancel a new motor vehicle contract because of delivery delays?

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14 March 2020
Hi all. We signed a contract on December 28, 2019 for a new vehicle to be ordered and delivered from the factory in Japan. There is no delivery date stipulated in the contract. The dealer verbally assured us that the delivery would be in March, possibly April if there were any delays. When I rang him last week, he said we "were still on track for May delivery." I was a little surprised, as nobody said anything about May. I have a screen shot from the dealer's database that says the promised date was March 30th, and that now the planned build date is April 15th (I have no idea where they got the planned build date information from - looking at the manufacturer's tracking site for this build reference number, it only shows that the order is in their system, but the planned production month is yet to be confirmed.)

It looks to me that the dealer either placed the order late, or they got bumped in the queue. Either way, I'm now very concerned that the vehicle will arrive too late for us to do the modifications that we need in time. If the factory build does indeed go ahead on April 15th, we're not going to see it delivered until 4 weeks later. If the dealer gets bumped by the factory again, or there are any other delays in manufacturing, shipping, etc. then we're stuffed.

So is it possible for us to cancel the contract? I have found another dealer with the exact same vehicle here in the country right now, and he will hold it for me for a short while, but I will lose that opportunity if we wait for the original dealer to stuff around. He says that he might be able to give us a delivery date at the end of March. That's not good enough.