Disputes Tribunal of New Zealand

Contract / Parties entered into lease for commercial premises / Respondents did not wish to renew lease with increased rent / Respondents paid at old rate while looking for other premises / Applicant seeks shortfall between old rent and new rent, management fee, operational expenses, legal costs, management time and loss of rental income / Held: no rent arrears because of timing of rent increase / Management fee cannot be charged to the tenant / Operating expenses accepted by respondents / Each party must pay their own costs / No power to award costs for filing fee and photocopying / Respondents liable for outstanding operational expenses and damages for loss of opportunity to rent / Claim allowed, respondents to pay applicants $6,342.86

Contract / Contract and Commercial Law Act 2017 / Applicant purchased a sewing machine / Sewing machine was damaged when received by Applicant / Respondent admitted liability for damage / Respondent slow to respond but provided replacement value / Applicant claimed $532.30, $468.90 for replacement cost of sewing machine and $63.40 Tribunal filing claim and preparation cost / Held: Respondent liable for replacement value of sewing machine /  Respondent’s response was slow but by a narrow margin did not meet definition of costs for unnecessarily prolonged delays in proceedings / Claim for costs dismissed / Respondent ordered to pay $468.90 / Claim allowed in part.

Contract / Property / Applicant sold property to Respondent / Respondent concerned whether property vacated and cleaned before settlement / Applicant and Respondent agreed Respondent to retain $5,000 from settlement until property vacated and cleaned to an acceptable standard / Applicant claimed $5,422.14 which includes retention amount, interest and penalty, and tribunal filing fee / Held: Respondent unable to claim for accommodation costs / No obligation on Applicant to clean property / Applicant not entitled to interest or penalty payment / Respondent not entitled to compensation for tribunal fee and legal fees / Respondent entitled to retain $200.05 for failure to provide possession in accordance with agreement / Respondent ordered to pay Applicant $4,799.95 / Claim allowed.

Contract / Applicant bought vehicle from Respondent / Contract contained clause allowing return of vehicle to Respondent and full refund to Applicant in certain circumstances / Applicant wished to return vehicle as a result of inspection / Applicant claimed $8,818 which included full refund, mechanical check fee and Disputes Tribunal filing fee / Held: Applicant entitled to full refund as vehicle was not well maintained as advertised / Applicant not entitled to mechanical check fee as it was carried out after purchase of vehicle / Applicant not entitled to Disputes Tribunal filing fee reimbursement / Respondent ordered to pay Applicant $8,500 / Claim allowed in part.

Building / Building Act 2004 / Respondent manufactured and installed double-glazed doors in Applicant’s house / Eleven years later, Applicant claimed moisture issues and cracks had appeared / Applicant sought an order that the Respondent was liable to pay $4,999.00 / Held: claim barred since building work occurred more than ten years prior to filing of the claim / Claim dismissed.

Negligence / Respondent drove into parked cars while driving Applicant’s car/ Respondent advised afterwards that he did not have a driver’s licence /Applicant’s car was not drivable and had to be towed away / Car was written off / Applicant’s car was insured for $5,000.00 / Insurance company would not accept claim as damage occurred when car was driven by an unlicensed driver / Respondent accepted liability for damage and agreed to pay for it at a sum of $85.00 per week / Respondent paid $425.00 before payments stopped / Applicant claimed $5,500.00 for loss of insured value of car, $280 for towing fee and $180 Tribunal filing fee / Held: Respondent failed to take reasonable care whilst driving / Car insured for $5,000.00 which was reasonable estimate of value of car / Towing should be deducted from amount owing as offset by amount of selling car wreck / Amount paid by Respondent should be deducted too / Filing fee cost cannot be claimed in the circumstances / Respondent ordered to pay …

Legal fees / Applicant engaged Respondent to act on an employment matter / Respondent’s engagement letter provided fee estimate of $2,500 to $3,500 plus GST / Applicant paid 1,900.00 / Respondent issued a further invoice totalling $1,357.00 / Applicant’s employment settlement included contribution of $4,500 plus GST ($5,175.00) to Applicant’s legal fees by former employer / Applicant claimed payment covered total fee owed / Applicant claimed refund of $1,900.00 paid to Respondent and Tribunal application fee / Respondent claimed entitled to retain $1,900.00 / Respondent counterclaimed $1,456.67, for amount due plus interest / Held: amount paid by Applicant’s prior employer to Respondent exceeded fees payable / Respondent’s claim for filing fee not allowed / Respondent’s application for payment of additional fees dismissed / Respondent ordered to pay $1,900 / Claim allowed.

Contract / Tenancy / Parties entered into Tenant and Sublettee agreement / Applicant seeks repayment of bond, administration costs, filing fees for Tenancy and Disputes tribunals / Respondent disputes claim saying applicant didn’t undertake additional work around the property and damaged a wall / Held: applicant did not breach terms of agreement by not undertaking additional work and by putting two holes in the wall for a TV bracket / Respondent is a tenant not the landlord / No evidence from landlord that has made applicant liable for damaged caused to wall / No actual cost of damage caused to respondent / No breach / Outcome: claim allowed, respondent to pau applicant $800.00

Consumer Guarantees Act 1993 / Applicant purchased vacuum cleaner from the Respondent with five-year warranty / Applicant returned vacuum to Respondent after it stopped turning on / Applicant claims $2,300 for the vacuum price and tribunal filing fee / Respondent claims they are not liable due to repairer report identifying liquid damage / Held: Respondent is not liable as the damage indicates the Applicant likely used vacuum in a manner inconsistent with its purpose / Disputes Tribunal application is not recoverable except in exceptional circumstances which do not apply here / Claim dismissed. 

Contract / Respondent borrowed $29,000.00 from Applicant in loan agreement to purchase car with Respondent to make weekly repayments at unspecified amount / Respondent made several payments but $19,000.00 remaining to be paid / Applicant claimed $21,178.00, being unpaid loan principal, $550.00 default payment fee, $1,000.00 unpaid balance of previous loan, $448.00 mechanical work and $180.00 filing fee / Held: Respondent breached agreement by not paying loan by contracted date / Applicant entitled to repayment of principal / No evidence to prove other amounts claimed / Respondent to pay applicant $19,000.00 / Claim partially granted.

Contract / Applicant purchased property from Respondent / Subsequently, heat pump found to have a faulty indoor board / Part no longer available / Applicant claimed Respondent breached sale and purchase agreement / Applicant claimed $3,408.00, cost of getting new heat pump installed and filing fee costs / Respondent claimed heat pump was in reasonable working order on settlement date / Held: more likely than not the heat pump was not in reasonable working order / Applicant in breach of sale and purchase agreement / Heat pump was 15 years old  / Respondent order to pay Applicant $150 in compensation / Filing fee not awarded as not provided for in contract / Claim allowed in part.

Negligence / Applicant’s trailer was damaged during delivery to Respondent / Applicant claimed damage was result of Respondent’s negligence / Applicant claimed $405 for repair, $1000 for stress and worry, $1000 for Applicant’s time, and $90 for Tribunal filing fee / Held: both parties accepted Respondent had already paid Applicant $405 for repair / Tribunal does not generally award costs for time, stress and worry / Limited circumstances for awarding costs not met / Claim dismissed.

Contract / Limitation Act 2010 / Applicant claims debt from Respondent under credit contract assigned to it / Applicant claims entitlement to pursue debt under deed of assignment and last default date / Held: Applicant out of time in filing application / Applicant now prevented from pursuing any further claim against Respondent under assigned debt / Claim dismissed.