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1695 items matching your search terms

  1. ST P Ltd v D Ltd & R Ltd [2024] NZDT 3 (8 January 2024) [PDF, 183 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant purchased vehicle from First Respondent / Vehicle had problems with battery headlights almost immediately after purchase / Respondent replaced vehicle's battery and subsequently vehicle had issues with reversing camera and radio screen / Applicant sought to reject vehicle and claimed $15,500 / Held: insurance policy claim against Second Respondent dismissed as policy does not cover failures / Applicant had an accident whilst driving vehicle / Applicant not entitled to reject vehicle and receive refund / Damage to vehicle not related to state or condition at the time vehicle supplied to Applicant / First Respondent ordered to pay Applicant $906 / Claim against First Respondent allowed in part / Claim against Second Respondent dismissed.

  2. HT v Q Ltd [2024] NZDT 2 (5 January 2024) [PDF, 197 KB]

    Contract / Applicant engaged Respondent’s cleaning services after being victim of a ram raid / As work was urgent, price was not discussed or agreed in advance / Respondent invoiced $1,552.50 / Applicant disputed amount charged / Applicant claimed $1,086.75 / Respondent counterclaimed $1,552.50 for unpaid invoice / Held: Applicant did not prove she had been overcharged for services provided / Applicant had responsibility to inquire about costs beforehand and failed to do so / Applicant liable for full invoice / Applicant ordered to pay Respondent $1,552.50 / Claim dismissed, counterclaim allowed.  

  3. C Ltd & HN v G Ltd & GX [2024] NZDT 1 (3 January 2024) [PDF, 251 KB]

    Contract / Applicant provided workshops and coaching for self-development / Respondent agreed to attend workshops and coaching at a discounted price / Respondent could not pay total cost and asked to pay in instalments / Applicant claimed balance owing $2387.50 / Held: Respondent fully informed of programme, accepted offer to participate and made an initial payment / Respondent agreed to participate and to pay total cost / Respondent ordered to pay Applicant $2387.50 / Claim allowed.

  4. AA v N Ltd [2023] NZDT 688 (22 December 2023) [PDF, 234 KB]

    Property law / Applicant purchased a new townhouse from Respondents / Protected Pohutukawa tree was situated at the boundary of the property / Applicant claims the location of the tree was misrepresented on the plans when the contract was entered into / Applicant claims damages of $25,000.00 based on loss of usable land, ongoing maintenance issues, and loss of amenity value due to misrepresentation of the tree’s position /  Applicant also claims $15,000 for installation of a butler’s sink in the kitchen / Held: the misleading representation induced Applicant into contract and Respondents were in breach of contract when they substituted the kitchen sink without prior notice to Applicant / Claim allowed, Respondent ordered to pay $15,000 to applicant.

  5. TC v N Ltd [2023] NZDT 682 (21 December 2023) [PDF, 243 KB]

    Building Act 2004 / Applicant purchased new-build house from Respondent / Applicant inspected house prior to settlement and discovered multiple issues / Whether each claimed item is 'defective building work' / Whether Respondent given opportunity to remedy the defect / Held: Applicant entitled to damages for defective ceiling, concrete path, poor workmanship on fence, kitchen cabinets, and other basic defects around the property / Respondent liable to pay damages of $22,395.81 / Claim allowed

  6. MK & NK v B Ltd [2023] NZDT 687 (21 December 2023) [PDF, 111 KB]

    Contract / Applicant engaged Respondent to reroof their commercially tenanted house / Reroofing rescheduled due to series of delays / Applicant's tenants present in building when Respondent went to do work / This posed as a health and safety hazard / Respondent claimed it was made clear building needed to be empty for duration of reroofing / Applicant subsequently contacted another roofing company / Applicants claimed $15,456.00 / Held: Respondent unable to prove they had communicated building needed to be vacant / Applicant justified in cancelling contract / Respondent should bear costs of scaffolding and freight / Respondent not liable to pay difference in contract price claimed by Applicant / Respondent ordered to pay Applicant $1,748 / Claim allowed in part.

  7. D Ltd v KL [2023] NZDT 684 (21 December 2023) [PDF, 119 KB]

    Contract / Consumer Guarantees Act 1993 / Respondent’s vehicle vandalised / Applicant engaged by Respondent to spray paint vehicle and perform repairs / Respondent unhappy with work and claimed refund and legal costs / Applicant claimed legal costs / Held: some exterior paint work not reasonably fit for purpose and fell short of the nature and quality that could reasonably be expected in the circumstances for repaint / Applicant and Respondent's claims for legal costs dismissed / Applicant ordered to pay Respondent $1500 / Claim dismissed.

  8. QH & TH v SR [2023] NZDT 696 (21 December 2023) [PDF, 177 KB]

    Negligence / Applicant’s son had collision with respondent / Applicants claim respondent is liable for collision as he entered lane from a give way controlled sideboard but failed to give way / Respondent claims other driver is liable because he failed to drive to the conditions / Held: not persuaded by applicant’s claim that the other driver bears some liability / Not enough to rely on a gap left by another vehicle / No evidence of contributory negligence / Damage consistent with description of collision and cost claimed for repair is reasonable / Outcome: claim allowed, respondent to pay applicants $7,261

  9. MD v UI [2023] NZDT 694 (21 December 2023) [PDF, 189 KB]

    Contract / Applicant loaned respondent money to purchase a saxophone / They differ on terms of loan / Applicant claims respondent is in a position to repay loan / Respondent refused to pay any of the loan / Held: given agreement on loan and respondent’s refusal to begin repayment, applicant entitled to claim entire amount / Respondent’s claim he cannot afford to pay is not a ground on which application can be refused / Outcome: claim allowed, respondent to pay applicant $4,800

  10. EN v T Ltd [2023] NZDT 726 (20 December 2023) [PDF, 175 KB]

    Consumer law / Consumer Guarantees Act 1993 / Applicant had a solar system installed at his house / Solar inverter broke and need replacing / Installer was in liquidation and new part was provided and installed by Respondent  / Applicant concerned that replacement inverter was a pre-owned part / Applicant sought compensation because replacement part was not the same as the original part / Held: Applicant not entitled to compensation / Applicant did not show anything wrong with replacement inverter / No evidence indicating why original inverter failed / No loss suffered / Claim dismissed.

  11. MA v X Ltd [2023] NZDT 704 (20 December 2023) [PDF, 201 KB]

    Contract / Applicant booked to stay at Respondent’s hostel for four nights / On the second night, Applicant was asked to leave as Respondent claimed she had breached the hostel’s rules / Applicant asked for a refund of the two nights she did not stay at the hostel but was refused / Applicant claimed $485.00 for  refund of two nights of accommodation and related extra costs / Held: signage in the hostel indicated visitors were not allowed in rooms / Applicant also advised of the no visitors’ rule after first night’s stay / Applicant aware of the rule and breached it / Breach of hostel rules by Applicant constituted a breach of contract / Respondent entitled to ask Applicant to leave / Claim dismissed.

  12. TD v E Ltd [2023] NZDT 718 (20 December 2023) [PDF, 116 KB]

    Consumer law / Consumer Guarantees Act 1993 / Accident Compensation Act 2001 (ACA) / Applicant engaged Respondent for dental services / Respondent gave Applicant five fillings, Applicant paid $1,790 / Applicant had ongoing pain after dental work / Four fillings had been placed over active decay, had to be replaced / Applicant claimed $13,425.00 damages / Held: Respondent’s work in relation to four of the five fillings was not provided with reasonable care and skill and was not fit for purpose / Failure was of substantial nature / Respondent liable to refund Applicant price paid for four of the fillings / Applicant could not claim compensation for pain suffered following treatment, likely personal injury barred by ACA / Respondent ordered to pay Applicant $1,432.00 / Claim allowed in part.

  13. ES v CE [2023] NZDT 691 (20 December 2023) [PDF, 164 KB]

    Contract / Applicant loaned Respondent a vehicle / Respondent failed to return it, changed registration and likely sold it / Applicant seeks compensation for the vehicle / Held: Satisfied on evidence that Respondent has converted Applicants vehicle / Tribunal cannot order Respondent to pay more than $4000 / Applicant may bring further order for loss suffered by traffic fines and converted items left in vehicle / Claim allowed, Respondent to pay Applicant $4000. 

  14. SX v GO [2023] NZDT 686 (20 December 2023) [PDF, 107 KB]

    Negligence / Damages / Applicant and Respondent involved in vehicle collision / Applicant braked suddenly for pedestrian / Respondent following too closely and was unable to stop / Damage caused to Applicant’s car / Respondent disputed repair costs and pre-accident value of Applicant’s car / Applicant claimed repair costs / Held: repair costs proven as reasonable losses suffered as a result of collision / Respondent ordered to pay Applicant’s insurer $9,343.84 / Claim allowed.

  15. DA v YB [2023] NZDT 685 (20 December 2023) [PDF, 166 KB]

    Consumer law / Consumer Guarantees Act 1993 / Applicant purchased new scooter from Respondent / Scooter did not have charging range as advertised / Applicant complained but Respondent only replied when Applicant left negative feedback online / Applicant claimed for refund / Held: Respondent failed to comply with obligations to remedy failure when given an opportunity to do so / Applicant entitled to reject goods / Respondent ordered to pay Applicant $705 / Applicant ordered to make scooter available for collection by Respondent once payment has been made / Claim allowed.

  16. K Ltd v EN [2023] NZDT 690 (19 December 2023) [PDF, 171 KB]

    Insurance / Respondent suffered damage to dwelling which was subject of an insurance claim / Insurer obtained quote from Respondent and agreed to settled Respondent’s claim / Applicant carried out work / Respondent disputes invoice and maintains invoice was more than actual hours worked / Applicant claims $2055 / Held: Quotes had provided certainty and all parties had agreed to actual time and cost / Claim allowed / Respondent to pay Applicant $2055.

  17. KG v D Ltd [2023] NZDT 705 (19 December 2023) [PDF, 176 KB]

    Contract / Contract and Commercial Law Act 2017 / Applicant engaged Respondent to move furniture to her new residence / Some furniture was damaged / Applicant claimed Respondent was responsible for damage when moving her furniture / Applicant claimed $1,237.00 for cost of repairs / Held: evidence indicated that furniture was damaged during transportation / Costs to repair were reasonable / Respondent ordered to pay $1,237.00 / Claim allowed.

  18. UT v DU [2023] NZDT 716 (19 December 2023) [PDF, 182 KB]

    Contract / Applicant purchased mattress for a shared apartment / Respondent was one of the other owners of the apartment / Apartment was owned in quarter shares / Practice for owners to share costs equally / Respondent acknowledged in emails that she was happy to purchase mattress / Respondent later declined to pay part of mattress cost / Mattress cost $1,600 / Applicant sought $400 from Respondent for her share / Held: emails sufficient to form a contract / Respondent agreed to contribute to cost of a new mattress / Respondent not entitled to unilaterally pull out of the contract / Respondent ordered to pay $400 / Claim allowed.

  19. KC v BC Ltd [2023] NZDT 712 (19 December 2023) [PDF, 263 KB]

    Misrepresentation / Contract and Commercial Law Act 2017 / Applicant purchased washing machine and dryer from the Respondent’s website / Goods were advertised as new-box damaged / Once unboxed, Applicant discovered dents on the outer panels and inner drum of the dryer, sticker on the washing machine stated fixed dent in front panel / Applicant sought a refund for both appliances on the basis they were misrepresented / Respondent refused to partake in the hearing / Held: the appliances sold to the Applicant were new and not misrepresented / However, the dryer was not acceptable in appearance and finish and free from minor defects as the internal drum was dented / Applicant entitled to reject dryer and obtain a full refund including delivery costs / Respondent must pay Applicant $1,948 / Claim allowed in part.

  20. OL v CD Ltd [2023] NZDT 711 (19 December 2023) [PDF, 230 KB]

    Consumer law / Consumer Guarantees Act 1993 / Disputes Tribunals Act 1988 / Applicant purchased two electric scooters from Respondent / Applicant claimed one scooter never charged and second only charged once, ran for approximately 15 minutes, then failed to charge / Applicant sought refund and costs / Applicant claimed additional $5.00 for a third scooter which had been already refunded / Respondent denied liability, claimed Applicant may have damaged scooters  / Held: scooters were not fit for purpose, free from minor defects, or durable / No evidence that Applicant caused damage to scooters / Applicant entitled to reject scooters and obtain full refund / Applicant not entitled to costs or additional $5.00 refund for third scooter / Respondent to pay Applicant $1,050 / Claim allowed in part.

  21. TC v NU [2023] NZDT 707 (19 December 2023) [PDF, 194 KB]

    Tort / Negligence / Tree branch fell on Applicant's driveway from a tree on Respondent's property / Respondent did not agree to pay arborist as he could have removed it himself / Applicant claimed cost of removing large tree branch / Held: Respondent is responsible for fallen branch and must compensate Applicant / Not reasonable for Respondent to expect Applicant to wait for him to remove tree branch / Respondent aware tree is diseased / Respondent ordered to pay Applicant $759 / Claim allowed.

  22. H Ltd v T Ltd & Ors [2023] NZDT 700 (19 December 2023) [PDF, 226 KB]

    Contract / Construction / Applicant contracted by Respondent to build house / Measurements on plans did not match those on site / Project went overbudget / Applicant claimed compensation for additional cost incurred providing remedy / Held: Respondent could be liable for costs incurred to vary contract, provided builder complied with his obligations under the contract / Applicant breached their obligations as they failed to ensure the site had been accurately set out before commencing building / Respondent not liable to pay remedial works / Claim dismissed.