Disputes Tribunal of New Zealand

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.

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.  

Contract / Contract and Commercial Law Act 2017 / Applicant provided courtesy car to Respondent's daughter / Applicant claimed car suffered catastrophic engine failure / Applicant claimed $3,612.50 to replace car engine / Held: contract exists between Applicant and Respondent / Courtesy car provided because of original contract between Applicant and Respondent / Original car bought by the Respondent's daughter being repaired / Respondent's daughter did not cause damage to car / Respondent did not breach obligations by failing to return car in its original condition / Claim dismissed.

Contract / Credit Contracts and Consumer Finance Act 2003 / Applicants loaned money to Respondents for purpose of car repairs / Loan to be paid by monthly installments with annual interest rate / Balance of loan refinanced and additional amount loaned / New loan fell into arrears and Respondents stopped making payments / Held: Applicant did not act responsibly in making loans / Applicant failed to comply with requirements for continuing disclosures / Respondents entitled to statutory damages for Applicant’s breaches / Lenders have responsibility to make reasonable inquiries before entering into an agreement / Applicant cannot recover any of the costs of borrowing on new loan / Claim dismissed.

Contract / Applicant and Respondent are flatmates / Applicant paid $1,000 flat bond to Respondent as head tenant / Applicant left flat and claimed return of bond / Held: no agreement exists with regards to giving notice / Applicant did not breach any obligation to provide notice / Applicant entitled to full refund of bond / Respondent ordered to pay Applicant $1,000 / Claim allowed.

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.

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

Contract / Applicants bought land and home development package / Respondent hired to build home on land / Fixed price building contract / Applicants advised that due to Covid-19 impacts the price needed to increase / Applicants accepted on condition no further increases would occur / Respondent cancelled contract before any deposit paid / Applicants claim there was repudiation of the contract / Applicants had to hire new building company at a much higher expense / Held: no valid cancellation of contract / Applicants entitled to amount claimed / Outcome: claim allowed, Respondent to pay Applicants $30,000. 

Negligence / Respondent contracted by Applicant to lay concrete on his property / Applicant alleged that Respondent’s truck damaged his new installed gate and deck / Applicant sought compensation of $1,900.00 for repairs / Held: evidence indicated Respondent was negligent and caused the damage to Applicant’s gate and deck / Quote accepted that it would cost $500.00 to repair gate / Applicant had repaired deck but failed to provide evidence to prove cost of materials / Respondent ordered to pay $575.00, $500.00 for gate and $75 for estimated cost of deck materials / Claim allowed.

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.

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. 

Loan / Applicant loaned $400 to Respondent but inadvertently set the payment to repeat weekly / Applicant claimed for money paid in error to be returned / Held: Applicant provided evidence of weekly payments / Respondent ordered to pay Applicant $400 / Claim allowed.

Contract / Contract and Commercial Law Act 2017 (CCLA) / Fair Trading Act 1986 (FTA) / Applicant purchased townhouses off the plans from Respondent / Applicant said townhouse different from the plans / Cladding used on one wall different than what was shown in promotional brochure / Claim not yet settled / Held: Applicant not entitled to damages under CCLA / Promotional material did not constitute a representation / Agreement for sale and purchase did not mention cladding specifications / Respondent did not breach the FTA / Brochure not sufficient to constitute a representation / Respondent agreed to leave offer of $5000 on the table / Claim dismissed.