Disputes Tribunal of New Zealand

Contract / Property / Flatting / Applicant rented sleepout from Respondent / Applicant gave notice to Respondent that he was going to leave / Applicant and Respondent disagreed on how much bond should be returned / Applicant claimed for full refund of bond / Held: no evidence Respondent made it clear the Applicant's bed could only remain if the Applicant continued to pay rent until the bed is removed / Applicant entitled to pay short paid 4 days rent, deducted from bond / Respondent ordered to refund $421.43 to Applicant / Claim allowed.

Contract / Applicant and Respondent entered into Contract Milking Agreement / Applicant claimed $26,810.19 for losses suffered as a result of unlawful termination of contract by Respondent / Respondent counter-claimed $30,000 for losses suffered as a result of 25 cows being incorrectly dried off out of season / Held: Applicant did not breach contract by failing to carry out the dry cow process properly / Applicant's contract unlawfully terminated by Respondent / Applicant entitled to claim compensation for losses resulting from cancellation of contract / Respondent did not attend final hearing to present submission on counter-claim / Respondent ordered to pay Applicant $26,810.19 / Claim allowed / Counter-claim dismissed.

Personal Property / Applicant and Respondent rented storage unit to store their belongings / Relationship between Applicant and Respondent deteriorated / Applicant unable to access unit and asked Respondent for his belongings / Applicant claimed 16 items were not returned, valued over $3,000 / Held: Applicant has onus of proof to prove claim / No independent evidence that the unit held Applicant's belongings when Respondent entered it or Respondent had possession of Applicant's belongings / Claim dismissed.

Contract / Consumer Guarantees Act 1993 / Applicant contracted Respondent to complete house renovations / Applicant claimed Respondent's contractor used the wrong product when painting the cladding, which caused the paint to flake off and look uneven / Applicant sought $25,874.45 in compensation (including the filing fee of $180.00) and $1,437.50 for the cost of a technical report / Held: Respondent more likely than not used the wrong product when painting the cladding / Applicant not entitled to recover $180 filing fee / Applicant entitled to remedial costs minus depreciation ($19,694.45) /  Applicant entitled to recover the cost of expert report as a foreseeable loss resulting from the breach / Respondent must pay Applicant $21,150.00 / Claim allowed.

Contract / Applicant contacted Respondent for quote to lay concrete driveway / Respondent requested Applicant to remove garage area from contract and price was reduced / Applicant boxed up the driveway / Respondent told Applicant that boxing was in the wrong place and boxing would have to be altered / Applicant advised that re-boxing would cost extra / Respondent agreed to pay extra cost / Invoice higher than initial quote / Respondent only paid sum in the original quote / Held: Contract is between Applicant and Respondent’s company / Claim struckout with Respondent personally / Parties agreed driveway would follow metalled area / Additional costs were more than minor / Applicant should have updated costing / Claim dismissed.

Contract / Contract and Commercial Law Act 2017 / Applicant booked a band for his daughter’s wedding / Applicant paid $690.00 deposit / Applicant contacted Respondent to explain band was mistakenly booked / Preferred band was not available so Applicant cancelled / Applicant sought refund of $690.00 deposit and $2000 for pain and suffering relating to his daughter / Held: emails do not indicate qualifying mistake under legislation / Cancellation happened five months before proposed booking date / Sufficient period for band to get another booking / Applicant entitled to a refund of deposit under the contract / Applicant not entitled to $2000 compensation for pain and suffering / Respondent ordered to pay $690 / Claim allowed in part.

Contract / Applicant entered into a contract with Respondent to provide home concept plans / Parties agreed that Applicant would pay $3,000.00 for concept plans / Applicant ultimately entered into a contract with another company to build her home / Applicant stated there were delays in receiving plans and lack of communication from Respondent / Applicant sought refund of $3,000.00 / Held: Applicant not entitled to a refund / No agreement as to timeframe for receiving plans / Respondent fulfilled their obligations under agreement / Applicant not entitled to a refund or compensation / Claim dismissed.

Contract / Contract and Commercial Law Act 2017 / Applicant purchased 17 cubic metres of potting mix from Respondent / Mix was meant to be same blend Applicant had been purchasing from Respondent for several years for raising organic seedlings / Within weeks, seedlings were not germinating or were distorted / Respondent offered to replace product / Offer was not accepted, Applicant continued using mix for some months / Applicant sought compensation for loss of stock and profit / Held: lab testing indicated product not consistent with previous orders, not fit for purpose / Respondent therefore in breach of implied and specific terms of contract / However, Applicant failed to mitigate losses, and evidence insufficient to support scale of losses / Applicant entitled to nominal compensation of $200 due to failure of product to be fit for purpose, and $541.77 cost of lab tests / Respondent ordered to pay Applicant $741.77 / Claim allowed in part.

Tort / Negligence / Land Transport Road User Rules 2004 / Respondent backed his car into side of Applicant's car causing damage / Applicant claimed damages / Held: Applicant proved it is more likely than not that Respondent was responsible for collision / Applicant was not speeding and cause of collision was failure by Respondent to ensure way was clear before backing the vehicle / Respondent ordered to pay Applicant $4,847.25 / Claim allowed.

Contract / Applicant carried out carpet fitting for Respondent in 2021 / In 2023, Applicant claimed Respondent short changed him for an amended quote / Applicant sought $805.00 / Respondent sought costs on the grounds the claim was frivolous and vexatious / Held: not proven that amended quote was offered and accepted / No arguable basis for claim for extra payment / Claim was frivolous and vexatious / Appropriate to award costs / Applicant ordered to pay $360.00 costs to Respondent / Claim dismissed.

Contract / Respondent engaged Applicant for building services / Applicant sought payment for two invoices / First invoice of $19,440.75 was for consulting services / Respondents signed a contract agreeing to fees / Second invoice of $10,627.94 was for justified extras added to contract price / Respondents believed they had already paid second invoice but failed to show sufficient evidence / Respondents counterclaimed for $7,400.00 for incomplete work or work completed incorrectly / Respondent provided work descriptions which the Applicant agreed to pay during the hearing, totalling $1,085.00 / Held: Respondents ordered to pay the Applicant of $28,983.69, subtraction of successful portions of the claim from counterclaim / Claim granted and counter-claim granted in part.

Contract / Applicants booked return international flights with Respondent / Respondent prevented Applicants from departing stated erroneously that they needed visas / Applicants claimed Respondent unjustifiably refused to allow them on international flight / Applicants said resulting delay caused expense, inconvenience and embarrassment / Applicants claimed compensation of $26,352.00 / Held: Respondent not justified in refusing to allow Applicants to board aircraft / Respondent’s incorrect view of Applicants’ documentation meant they experienced considerable inconvenience, stress as well as additional expense / Applicants entitled to compensation but not ten times value of each flight / Compensation enough to recognise inconvenience and stress for an honest mistake / Respondent ordered to pay $3,220.00 / Claim allowed.