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  1. AT Ltd v ZG [2014] NZDT 662 (15 September 2014) [PDF, 22 KB]

    Contract / Consumer Guarantees Act 1993 / Respondent entered into a sole agency agreement with Applicant and authorised up to $2,500 to be spent on marketing / proposed auction was cancelled, conditional sale fell through and Respondent attempted to cancel the contract / Applicant claimed $2,500 for marketing expenses invoiced / Held: additional marketing costs distinct and not recoverable as there was no sale / pro-rata deduction of costs claimed warranted as all marketing ceased after Respondent attempted to cancel contract / no basis for auctioneer’s fee and pre-auction meeting as service was not provided / minor issues with marketing breach of guarantee to provide services with reasonable care and skill / claim allowed (in part), Respondent ordered to pay Applicant $1,103.23.

  2. DF v VU [2014] NZDT 677 (8 September 2014) [PDF, 20 KB]

    Contract / Contractual Remedies Act 1979 / Applicant purchased a truck from Respondent / Applicant claimed $15,000 for cost of repairs to the truck, COF inspection fee, insurance and registration / Held: fact that Respondent told Applicant a much higher mileage not misleading but a false statement / case paints picture of Applicant as someone who was inexperienced and ill-prepared to operate a truck as owner-driver / Respondent had no particular obligation to direct Applicant to the appropriate pre-purchase inspection place or to explain road user charges / insufficient evidence damage existed at the time truck was sold / Applicant was not induced into entering the contract from false statement about truck’s mileage / claim dismissed.

  3. CT v XH 2014 NZDT 736 (2 September 2014) [PDF, 120 KB]

    Negligence / car collision / actual cost of repairs to Applicant’s car $22,566.21 / Applicant claimed maximum amount claimable in Tribunal / Held: Respondent caused collision by failing to give way / duty of care on all drivers to drive to the standard of a reasonable and prudent driver / Land Transport (Road User) Rule 2004 / Tribunal unable to find on the evidence that Applicant contributed to collision or extent of damage by driving too fast for conditions / undisputed costs claimed by Applicant were reasonable / claim allowed, Respondent ordered to pay Applicant’s insurer $15,000

  4. AK Ltd v ZP [2014] NZDT 611 (11 August 2014) [PDF, 27 KB]

    Credit contract / Credit Contracts and Consumer Finance Act 2003 / Respondent took out a loan from Applicant of $1,000 but fell into arrears after about three months and could not be contacted / Applicant claimed $2,288.20 / Held: Respondent was in breach of contract and under the consumer credit agreement Applicant may ask for repayment of loan with all outstanding amounts / PPSR fee, commission on debt and estimated amount of interest deducted from amount claimed as they should not have been charged / claim allowed, Respondent ordered to pay Applicant $1,690.95.

  5. AI v ZR Ltd [2014] NZDT 610 (7 August 2014) [PDF, 19 KB]

    Land Transport Act 1998 / Police seized and impounded car driven by Applicant’s son and three days later Applicant registered the car in her own name / Respondent stored the car for over 28 days then it was onsold and crushed / Applicant claimed Respondent unlawfully sold the car / Held: Respondent did not act unlawfully in selling the car / Section 97(2A) of Land Transport Act 1998 defines “owner” as the registered person in respect of the vehicle at the time it is impounded and Respondent entitled to rely on information provided by Police / Respondent not legally obliged to wait a further 10 days under s 98(4) / claim dismissed.

  6. AU v ZF District Council [2014] NZDT 665 (5 August 2014) [PDF, 24 KB]

    Jurisdiction / Disputes Tribunals Act 1988 / in 1974 the borough installed a sewer line which was not connected to the property / in 2000 the property was sold to Applicant’s family trust / it was agreed by parties that the trust overpaid rates / Applicant claimed $6,500 for overpaid rates / Held: Tribunal does not have jurisdiction / jurisdiction in claim founded on quasi-contract limited by s 11(7) / considered in Auckland City Council v Henderson District Court which held that the Tribunal does not have jurisdiction to deal with claims in respect of money due under enactments / argument in ECNZ v Waikato Regional Council may be advanced in the courts but not the Tribunal / claim struck out.

  7. AJ v ZQ Ltd [2014] NZDT 628 (18 July 2014) [PDF, 26 KB]

    Contract / insurance policy / Applicant was referred to an eye specialist to be tested and it was noted that he did have ocular hypertension / Applicant after joining Respondent returned to the optometrist for new glasses and further testing but was declined prior-approval on the basis that the interocular hypertension was a pre-existing condition and excluded from Applicant’s policy / Applicant claimed $1,535 being the costs related to testing and treatment / Held: based on the definition of “pre-existing condition” in Applicant’s contract of insurance, Respondent is entitled to exclude costs of treatment of interocular hypertension from cover / Applicant ought to have been aware that the specialist regarded him as having ocular hypertension / word “condition” broader than “disease” and encompasses something like ocular hypertension even if it is merely a statistical classification / claim dismissed.

  8. AC v ZX Ltd and ZXZ Ltd [2014] NZDT 593 (14 July 2014) [PDF, 27 KB]

    Consumer Guarantees Act 1993 / Applicant discovered his hot water cylinder was leaking and engaged plumber to fix it / as cylinder was under warranty it was sent back to Second Respondent who denied the problem was covered by its warranty / Applicant claimed the cost of replacing cylinder / Held: Consumer Guarantees Act 1993 guarantees that the cylinder be of acceptable quality, durable and fit for purpose / cylinder failed due to a cause of the manufacturer Second Respondent / failure of substantial character not capable of remedy / damages replacement cost of cylinder and reasonable / claim allowed, Second Respondent ordered to pay Applicant $2,145.

  9. AH v ZS Ltd [2014] NZDT 625 (11 July 2014) [PDF, 22 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant purchased a second-hand windscreen from Respondent and engaged a third party to install it who discovered a crack / Applicant claimed for refund of the screen plus the installer’s fee and filing fee / Held: insufficient evidence to establish that the crack was already existing when it was sold to Applicant / impossible to tell when the crack occurred / guarantee of durability in Consumer Guarantees Act 1993 cannot be stretched to mean item made of glass will not crack or break / claim dismissed.

  10. AL Ltd and ABC Ltd v ZO [2014] NZDT 627 (30 June 2014) [PDF, 21 KB]

    Tort / negligence / Animals Law Reform Act 1989 / Applicant’s driver was driving a truck and struck a cow that had escaped from a paddock belonging to Respondent / Applicant claimed $15,000 for the cost of repairing the truck and vehicle hire / Held: Respondent was not in control of the stock and therefore has no duty of care / evidence that Respondent was not the owner of the animals and not looking after them / claim dismissed.

  11. CD v XY Ltd [2014] NZDT 695 (18 June 2014) [PDF, 163 KB]

    Tort / nuisance / Respondent is developing a large section to construct a retirement village next to Applicant’s property / Applicant claimed $15,000 compensation for cracks appearing in his property / Held: Respondent created a situation which interfered with Applicant’s use and enjoyment of land by causing frequent vibrations / clear Respondent anticipated potential impact of excavation and compacting on neighbouring sections / Respondent should have been well aware of the potential impact of the work on Applicant’s property / beyond doubt loss suffered by Applicant was foreseeable / multitude of cracks, cornices and tiles establish that impact on Applicant’s property amounts to a substantial interference with the use and enjoyment of his land / quote relied upon by Applicant excessive / amounts reduced and deduction applied for betterment / claim allowed, Respondent ordered to pay Applicant $10,400 and repoint all cracks in exterior walls of Applicant’s property.

  12. AO and ZLZ Insurance Ltd v ZL [2014] NZDT 561 (12 June 2014) [PDF, 16 KB]

    Tort / conversion / Applicant’s motorbike was lost and recorded as a theft, Applicant’s insurer obtained valuation, settled with Applicant and the bike was sold at auction / Police recovered the bike and the offender was Respondent / Applicant claimed that his motorbike was stolen by Respondent / Held: Respondent liable in conversion and amounts claimed for losses fair and reasonable / Respondent intentionally took the bike without permission or lawful justification / valuation is fair estimate and Applicant and Applicant’s insurer entitled to expenses incurred as a direct consequence / claim allowed, Respondent ordered to pay Applicant’s insurer $1,729.66.

  13. AW Ltd v ZD Ltd [2014] NZDT 672 (9 June 2014) [PDF, 23 KB]

    Contract / Applicant claimed $3,588 on an unpaid invoice for website development / Respondent said the work undertaken by Applicant of its website was never completed within the agreed deadlines and was cancelled / Held: do not accept that it was expressly agreed Applicant could take as long as it liked to do the work / reasonable time element implied into contract / contract was breached almost immediately as Applicant did not begin work / Respondent entitled to cancel contract / work Applicant did up to cancellation was of absolutely no value to Respondent / claimed dismissed, Applicant ordered to pay Respondent $966.

  14. AE v ZV [2014] NZDT 559 (9 June 2014) [PDF, 32 KB]

    Contract / parties were cross-lease owners and signed an agreement where Respondent agreed to rebuild a fence at his expense and pay damages in the event the work was not completed / Applicant claimed $2000 damages / Held: practical difficulties experienced by Respondent fell well short for contracted to be frustrated, nothing harsh or unconscionable about the agreement, sum not proved to be a penalty / claim allowed, Respondent ordered to pay Applicant $2000.

  15. AM Ltd v ZN and ZNZ [2014] NZDT 575 (30 May 2014) [PDF, 32 KB]

    Contract / Consumer Guarantees Act 1993 / Respondents engaged Applicant to prepare a preliminary design for a new house but the plans produced were not accepted by Respondents / Respondents claimed refund of the money already paid / Held: more likely than not that figure communicated by Respondents was their total project budget and was an essential term of the contract / Applicant failed to prove any of its designs could be built for the budget / service was not provided with reasonable care and skill and not fit for purpose / failure cannot be remedied / Respondents cannot use designs therefore reduction in value is the price paid/due in its entirety / claim dismissed, Applicant ordered to pay Respondents $8,212.15.

  16. AP v ZK and ZKZ Insurance Ltd [2014] NZDT 565 (28 May 2014) [PDF, 91 KB]

    Tort / Rylands v Fletcher / Respondent had a fire on their farm which burnt part of a boundary fence of Applicant who were neighbours / Applicant claimed $12,320 for lost deer and $400 labour costs / Held: likely that deer escaped through hole in the fence / Applicant credible and gave consistent and thorough evidence / delay creates challenges on the evidence but right to bring claim still exists / alleged number of lost deer discounted for uncertainties / values attributed to lost deer / claim allowed, First Respondent ordered to pay Applicant $4,660.

  17. AD v ZW and ZWZ [2014] NZDT 592 (27 May 2014) [PDF, 34 KB]

    Jurisdiction / quasi-contract / unhappy dispute between family members over the father’s home care and burial after his death / Applicant claimed for legal costs incurred and reimbursement for care she provided to the father / Held: claim for legal costs cannot be established or proven / claim for reimbursement also not established / legal costs were Applicant’s choice to incur / no jurisdiction to award general damages for stress / no evidence of payments other than medical costs and clear Applicant did not expect reimbursement / claim dismissed.

  18. AR v ZI ZIZ Ltd [2014] NZDT 574 (26 May 2014) [PDF, 24 KB]

    Contract / Applicants engaged First respondent to represent them in a personal grievance claim / Applicant claimed refund of $287.50 paid and $1,500 for costs they had to pay / Held: parties to the contract were Applicant and First Respondent / no written contract / doctrine of undisclosed principal applies because at the time Applicant met with First Respondent, it appeared they were dealing with him personally / parties agree that $287.50 was paid for First Respondent to file a statement of problem with the ERA which he did / contract came to end when liquidation of former employer / not established new contract was formed / in failing to file submissions in accordance with deadline set by the ERA, First Respondent failed to provide service with reasonable care and skill / award of costs against Applicant given First Respondent’s failure to file anything by deadline was entirely predictable / claim allowed, First Respondent ordered to pay Applicant $1,500.

  19. CB v XY [2014] NZDT 691 (23 May 2014) [PDF, 11 KB]

    Contract / Sale of Goods Act 1908 / Applicant purchased a car from Respondent which was then repossessed under an undisclosed security interest / Applicant claimed refund of purchase price / Held: Consumer Guarantees Act 1993 does not apply as transaction involves two individuals not in trade / person who sells a good cannot transfer a better title / neither can the seller deprive a person who has a prior registered security over the car that right by selling the car / s 14 Sale of Goods Act protects the buyer in this situation and entitles him to rescind the contract for breach of an implied condition that rights transferred should be unencumbered / claim allowed, Respondent ordered to pay Applicant $2,800.

  20. BE v YV [2014] NZDT 558 (22 May 2014) [PDF, 65 KB]

    Contract / Applicant paid $20,000 into bank account of ABC Ltd by way of a loan and also paid over $13,000 directly to ABC’s suppliers / Respondent was director of ABC, which has ceased trading and is being removed from Companies Register / Applicant claimed $15,000 from Respondent / Held: not persuaded loans were made to Respondent or that Respondent was personally liable, moneys were paid directly into ABC’s bank account and to its suppliers / appears Respondent was acting on behalf of ABC in his role as director / loans were made to the company and the obligation to repay rests on the company rather than Respondent personally / verbal agreement to guarantee ABC’s debts would be unenforceable / no jurisdiction to hear claim for breach of Companies Act 1993 / claim dismissed.

  21. DG v YT Ltd [2014] NZDT 566 (19 May 2014) [PDF, 157 KB]

    Contract / insurance / Applicant’s daughter (BB) collided with a truck whilst performing a u-turn in their car / Applicant sought cover for this loss under their policy with Respondent however it declined on grounds that BB was in breach of her licence conditions at the time of collision / Applicant sought order that they be indemnified under their policy / Held: s 11 Insurance Law Reform Act 1977 / BB was in breach of her restricted licence because she had two friends in the car / collision occurred because BB performed u-turn in front of an oncoming truck and failed to see it / Applicant has onus of establishing BB’s decision to carry passengers without supervision probably did not cause or contribute to her error / extensive research and submissions provided by Applicant canvassed at length / cannot say it is probable BB was simply inexperienced and not affected by her passengers / claim dismissed.

  22. BW v YD Ltd [2014] NZDT 693 (6 May 2014) [PDF, 80 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant engaged Respondent as property manager and agent for her rental property / problems developed with the tenant and a 90 days’ notice was issued but Respondent overlooked expiry of that notice and allowed the tenant to remain in the property / Applicant claimed $2,626.95 compensation / Held: do not accept it would protect Respondent if Applicant does not receive rent or property damage occurs by Respondent not performing its obligations under the contract / if Respondent had enforced the termination notice rental loss would not have been incurred / Respondent was not providing its services with reasonable care and skill causing additional loss to Applicant / additional costs claimed by Applicant would have been incurred by Applicant in any event and for her account / claim allowed, Respondent ordered to pay Applicant $436.19.

  23. AG Ltd v ZT Ltd [2014] NZDT 607 (6 May 2014) [PDF, 23 KB]

    Contract / Contractual Remedies Act 1979 / Applicant agreed to hire a stand to Respondent at a large event but it achieved less than half of the sales anticipated / Respondent claimed Applicant misrepresented the number of people that would attend the show / Held: Applicant did not misrepresent the number of people that would attend the show / representations made by Applicant not misrepresentations and were factually correct statements based on Applicant’s past experience and not future representations / claim allowed, Respondent ordered to pay Applicant $1,144.25.

  24. BG Ltd v YT [2014] NZDT 603 (29 April 2014) [PDF, 218 KB]

    Contract / breach of contract / non-maintained operating lease / Contractual Remedies Act 1979 / Credit Contracts and Consumer Finance Act 2003 (CCCFA) / Credit (Repossession) Act 1997 (C(R)A) / Personal Property and Securities Act 1999 (PPSA) / Applicant and Respondent entered operating lease for car / Respondent would make weekly payments to Applicant and retain car at end of lease period / Applicant alleges Respondent in arrears / seeks $2,685 compensation for breach of contract including arrears, repossession cost and difference in assessed market value versus received wreck value / Respondent denies liability and claims she advised Applicant could no longer afford to proceed with agreement / issue of whether agreement is a consumer credit contract although it’s declared an operating lease in its text / Held: lease is a consumer lease under s 60(1) CCCFA but is qualified by s 60(2) / lease falls within s 16(1) meaning lease should be treated as a credit sale and consumer credit con...

  25. AQ v ZJ [2014] NZDT 562 (16 April 2014) [PDF, 74 KB]

    Contract / parties had a verbal agreement for the sale and purchase of lucerne bales at $95 per bale, to be paid for by Respondent by direct credit when bales were uplifted / Applicant claimed $1,710 being 18 bales at $95 / Held: it was a term of the contract that Respondent agreed to purchase 32 bales / both parties agreed bales had to be of good quality / 32 bales were uplifted by Respondent / total of $1,635 has been paid to Applicant / Respondent has not paid for 32 bales and therefore breached the contract / Applicant entitled to payment for 32 bales less $1,635 / claim allowed, Respondent ordered to pay Applicant $1,405.