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347 items matching your search terms

  1. DY & DYD v VB [2016] NZDT 941 (1 April 2016) [PDF, 128 KB]

    Application for rehearing out of time / parties had 28 days after original hearing to file rehearing application / Tribunal received Respondent’s application six weeks out of time / Held: reason for delay alone would not prevent rehearing / Respondent had enough notice to produce evidence before original hearing / would be an unreasonable burden on Applicants to overturn original decision after full hearing / insufficient preparation for hearing not grounds to have matter reopened / leave to apply for rehearing out of time declined.

  2. DT v VG [2016] NZDT 939 (23 March 2016) [PDF, 125 KB]

    Negligence / car collision / Applicant and Respondent had a side-on collision as Respondent changed lanes to the left, then came back to the right, colliding with Applicant’s vehicle / Held: Respondent fully moved into left lane as damage to Applicant’s car extends the entire left side which is not possible to occur if both vehicles are partially occupying same lane / Respondent liable in negligence for damage to Applicant’s car as did not ensure it was safe to change lanes back to the right / Applicant did not contribute to the impact / claim allowed, Respondent ordered to pay Applicant $4,606.35 for repair and rental car costs

  3. CY-Ltd-v-XB-and-XBX-2016-892-21-March-2016 [PDF, 80 KB]

    Contract / Credit Contract and Consumer Finance Act 2003 (CCCFA) / sale and purchase of land / Respondents stopped making payments for loan relating to purchase / Applicant claims amount outstanding / HELD: Tribunal found that Applicant is a creditor and that the agreement between the parties is a consumer credit contract under CCCFA / however, as Applicant did not comply with disclosure provisions under CCCFA, it cannot enforce consumer credit agreement / also, Applicant might not be registered as a financial service provider and may not be a member of any approved dispute resolution scheme / claim dismissed

  4. CP Ltd v XL Ltd 2016 NZDT 906 (16 March 2016) [PDF, 123 KB]

    Contract / sale and purchase of business / while restaurant equipment included on chattels list, equipment required to run restaurant not included / Applicant’s claim reduced to maximum amount claimable in Tribunal for one year’s hire of equipment not provided / Respondent counterclaimed for unpaid balance of stock-in-trade / Held: Respondent breached contract by failing to include all assets used to run business / while Applicant required to check and approve equipment, Applicant did not fail to perform due diligence / Applicant’s claim not challenged, Respondent’s counterclaim payable / claim and counter-claim allowed, Respondent to pay Applicant $12,522.69

  5. CZ-v-XA-2016-NZDT-894-25-February-2016 [PDF, 68 KB]

    Negligence / car collision / Land Transport (RoadUser) Rule 2004, r 7.2 / Applicant’s insurance company claimed againstRespondent for repairs / HELD: Respondent created hazard and caused the collisionby opening car door / therefore, Tribunal found Respondent was negligent havingbreached duty of care owed to Applicant / repair costs quoted and actualrepairs undertaken consistent with damage / claim allowed, Respondent orderedto pay insurance company $1,708.72

  6. SR v GI [2016] NZDT 1070 (17 February 2016) [PDF, 274 KB]

    SR v GI [2016] NZDT 1070 (17 February 2016)Contract / two separate disputes / parties friends for many years first dispute / Respondent offered to take Applicant’s coffee machine panels along with the Respondent’s own panels to be polished / Applicant gave Respondent $450 in cash to cover both sets of panels, on understanding Respondent would pay back $200 / Respondent took panels to second company to polish after first company damaged one / second company charged $250 / Applicant claims Respondent kept the $450 / Respondent claims Applicant told to deduct coffee machine panel money from proceeds after Applicant sold generator on Respondent’s behalf / second dispute / Applicant gave used Suzuki RM250 2008 factory plastics to Respondent so Respondent could sell motorcycle / claims Respondent promised to replace plastics when second motorcycle returned from workshop / Respondent claims plastics were given in return for work done on Applicant’s motorcycle / Applicant claims $970 for both ...

  7. EC & ECE v UX Ltd [2016] NZDT 895 (12 February 2016) [PDF, 86 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant engaged Respondent to replace existing grout in shower / nickel shower drain was scratched and first grout failed / Respondent removed and replaced it / second scratch made / Respondent denied fault for scratch / Applicant claimed $6000 for full replacement of shower drain and regrouting, and claimed remedial work was inadequate / Held: both scratches caused by Respondent / scratches constitute a failure of reasonable care and skill / insufficient evidence to show remedial work was not of acceptable quality / it is appropriate for another supplier to replace the shower drain / another grouting job will also be required / claim allowed, Respondent ordered to pay Applicant $600.00.

  8. DJ v VQ Ltd [2016] NZDT 897 (12 February 2016) [PDF, 22 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant engaged Respondent to hydro-seed lawn for $1,300 / grass was not growing well several weeks later / Applicant claims fence marked during spraying and claims full refund of $1,300 / Held: Applicant failed to establish evidence that Respondent’s service not carried out with reasonable care and skill / Respondent did not make undertakings to provide ongoing lawn maintenance and lawn’s ultimate health depends on its ongoing care and watering / Applicant’s evidence unable to prove claims / claim dismissed

  9. DS v VH Ltd [2016] NZDT 898 (11 February 2016) [PDF, 24 KB]

    Contract / Applicant wanted to purchase a car from Respondent to convert to taxi / parties made written and verbal agreements that Respondents would fix some issues with the car and Applicant would purchase it for $21,000 / Respondents would repay $1,000 deposit if car could not be converted / Applicant asked more questions about car after agreement made, was not satisfied with answers and sent an email to cancel order / Applicant claims for refund of deposit / Held: conditional contract was formed when deposit was paid and handwritten document was signed / Applicant was only entitled to cancel contract if conditions recorded on written agreement were not met / Applicant breached contract by invalid cancellation / deposit only refundable if contract terms not met / Respondent entitled to retain deposit / claim dismissed.

  10. FP v TK [2016] NZDT 1044 (20 January 2016) [PDF, 110 KB]

    Insurance / negligence / three-car collision / Applicant stopped behind third-party vehicle / Respondent drove into back of Applicant’s vehicle causing Applicant to collide with vehicle in front / Applicant claiming $15,000 for damage to front and back of vehicle / Respondent claimed Applicant had already crashed into rear of front vehicle before Respondent hit from behind / Respondent argues that full frontal damage attributable to first impact / Held: Respondent caused at least $15,000 worth of damage even if two separate impacts were not proven / Respondent to pay $15,000 / claim allowed

  11. DR v VI Ltd [2015] NZDT 877 (22 December 2015) [PDF, 119 KB]

    Contract / disagreement over invoice cost / Applicant hired Respondent to install hot water cylinder and change pipes to a high-pressure system / Respondent sent invoice for $1,298.20 / Applicant did not pay and seeks declaration that he is only liable to pay $700 / Held: law of contact provides for a party to pay for services performed under contract / Applicant liable to pay Respondent’s invoice in full / Respondent performed service Applicant contracted them to perform / Applicant did not provide sufficient evidence to prove invoice not justified / claim dismissed, Applicant to pay full invoice of $1,298.20 to Respondent

  12. EB v UY [2015] NDT 867 (11 December 2015) [PDF, 81 KB]

    Contract / Consumer Guarantees Act 1993 (CGA) / Respondent performed renovation work on Applicant’s bathroom / several problems found with bathroom / Respondent performed remedial work / independent tile and waterproofing consultant advised applicant shower needed to be rebuilt / Applicant claims $1966.83 for remedial costs / Held: Respondent did not perform work with reasonable care and skill / finished product not of acceptable quality / Respondent handyman not tiler but still bound to meet statutory obligations towards customer under CGA / attempted remedies by Respondent unsuccessful / Applicant entitled to have work done by another supplier and recover costs from Respondent / Applicant also entitled to recover costs of independent inspection and report / claim allowed, Respondent ordered to pay Applicant remedial costs of $1966.83.

  13. FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [PDF, 159 KB]

    Consumer Guarantees Act 1993 (CGA) / Applicant purchased truck cab and chassis from first Respondent which included mechanical breakdown insurance (MBI) / first Respondent not authorised by second Respondent (insurer) to issue MBI for that type of vehicle / insurer cancelled insurance policy and refunded premium / ABS control unit failed and was replaced / Applicant previously brought a claim against first Respondent in Motor Vehicle Disputes Tribunal (MVDT) / Applicant claimed damages against first and second respondent  for breach of CGA and loss of cover / Held: matter should not be relitigated / issues in dispute in earlier proceedings between same parties cannot be the subject of proceedings in the Tribunal / issues raised in MVDT proceedings essentially the same / first Respondent had apparent authority to act on insurer’s behalf and approve insurance / first Respondent failed to take adequate care in supplying MBI services and provide MBI policy fit for Applicant’s purpose / ins...

  14. DI v VR Ltd [2015] NZDT 865 (10 December 2015) [PDF, 126 KB]

    Contract / Consumer Guarantees Act 1993 (CGA) / guarantee of reasonable care and skill / Applicant brought velvet boots to Respondent for resoling / when returned, Applicant noticed each boot was damaged and notified Respondent / Respondent undertook repair but left boots in worse state / Applicant claims refund for re-soling, at $35, and cost of replacement boots, at $700, plus Tribunal filing fee / Held: Respondent breached CGA guarantee of providing service with reasonable care and skill as damage was caused during course of service provided / Applicant entitled to statutory remedies / s 32(b) and (c), CGA / Applicant entitled to reduction in value of service due to failure below price paid and any reasonably foreseeable consequential losses / reduction in value of service is its entire value of $35 due to serious nature of damage / given extent of damage, only remedy available is replacement of boots / Tribunal filing fee cannot be awarded / claim allowed, Respondent ordered to pay...

  15. HJJ Ltd v RQ [2015] NZDT 1033 (26 November 2015) [PDF, 109 KB]

    Contracts Enforcement Act 1956 / Applicant a debt collection agency  which claimed Respondent signed a personal guarantee for debts owing to one of its companies / Applicant’s company in liquidation so debt assigned to Applicant / whether guarantee enforceable & if not, whether Tribunal can & should rectify it / Held: customer update form signed by Respondent unenforceable as it did not identify principal debtor, or only identified one that was no longer in existence / Tribunal has jurisdiction to rectify defective guarantee but Tribunal should not exercise discretion due to significant delay in filing claim / other factors preventing exercise of discretion included Applicant’s acceptance of assignment & failure to bring evidence of it & carelessness of using defective form / Tribunal declined to make order that guarantee be rectified / claim dismissed.

  16. EI v UR Ltd [2015] NZDT 838 (29 October 2015) [PDF, 112 KB]

    Bailment / Applicant left car in Respondent’s workshop overnight / the workshop burnt down and Applicant’s car was damaged / Applicant claimed Respondent was liable to repair the car / Held: Respondent not at fault and damage occurred despite taking all reasonable precautions / evidence shows the cause of the fire was through arson / Respondent’s non-replacement of the workshop security cameras after having been stolen a week earlier not sufficient for finding fault for the fire / Applicant could have arranged insurance cover on the car to guard against this type of risk / claim dismissed.

  17. CV-v-XE-2015-NZDT-850-13-October-2015 [PDF, 68 KB]

    Negligence / car collision / Land Transport (RoadUser) Rule 2004, r 5.9 / Applicant and Respondent not insured / Applicantclaimed costs for his car that was written off and transport costs / HELD:Respondent failed to stop his vehicle / therefore, Tribunal found Respondentwas negligent having breached duty of care owed to Applicant / claim allowed,Respondent ordered to pay Applicant $2,350 being the pre-accident value of carfixed by Tribunal / no evidence produced as to transport costs

  18. GS v SHH & HSG [2015] NZDT 1045 (30 September 2015) [PDF, 105 KB]

    Negligence / Applicant involved in car crash / applicant claimed crash caused by fuel spill & respondents responsible for not blocking road & cleaning it up promptly / alleged further damage caused to car when unloading it from respondent’s tow truck / applicant claimed damages  for damage to car, consequential losses & costs / whether respondents negligent, & if so , what sum payable / Held: respondents had a duty of care to take adequate precautions to prevent damage to other vehicles & respond promptly / no evidence respondent did not respond promptly / response time reasonable in the circumstances / resondents not lible for applicant’s crash / insufficient evidence respondent negligent in handling vehicle causing further damage / claim dismissed

  19. EJ v UQ Ltd [2015] NZDT 834 (29 September 2015) [PDF, 91 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant purchased a Jeep second hand which was covered by the balance of a 3-year manufacturer’s warranty / Respondent was the local authorised service repair centre for Jeep and performed 27 warranty claims for Applicant without cost to Applicant / Applicant claimed $10,887.51 from Respondent because Applicant was unhappy with the repairs / Held: no evidence to establish that the repairs performed by the Respondent failed / no evidence that wear and tear items should have been covered by a warranty claim / no failures established so nothing was recoverable / claim dismissed.

  20. CN v XN 2015 NZDT 833 (22 September 2015) [PDF, 67 KB]

    Contract / misrepresentation / Contractual Remedies Act 1979, section 6 / Applicant purchased horse for granddaughter after seeing advertisement on Trade Me / private sale / granddaughter inspected horse and rode on him on three occasions over a two-month period / Applicant claimed that Respondent did not inform her of horse’s complications, behavioural problems and that horse is unsafe / Held: onus on Applicant to establish horse was misrepresented, that Applicant induced to enter contract based on misrepresentation and that Applicant suffered damage as a result / no persuasive evidence that Respondent misrepresented horse / claim dismissed

  21. EL v UO [2015] NZDT 863 (18 September 2015) [PDF, 76 KB]

    Contract / Applicant purchased concert tickets via Trade Me from a seller who identified as the Respondent / concert was cancelled / Ticketmaster issued refunds to ticket purchasers / Applicant did not receive a refund from Respondent / Applicant claimed $1260 for refund received from Ticketmaster / Held: no contract between Applicant and Respondent / Respondent a victim of identity theft / Respondent not the seller / Respondent did not receive a refund / Respondent did not owe applicant any money / claim dismissed

  22. DQ v VJ & VJV Ltd [2015] NZDT 831 (8 September 2015) [PDF, 131 KB]

    Contract / sale and purchase of property / Contractual Remedies Act 1979, s 6 / Fair Trading Act 1986 (FTA), ss 43 and 9 / applicant bought respondent’s property that was listed with second respondent / applicant unhappy about water that lies on driveway and footpath after heavy rain / claims $6,000 from respondents / Held: evidence does not prove property was misrepresented by respondents / second respondent did not engage in conduct that was misleading or deceptive or was likely to mislead or deceive required under FTA / claim dismissed

  23. DE v WV Ltd [2015] NZDT 840 (4 September 2015) [PDF, 132 KB]

    Contract / independent contractor / Applicant engaged as contract builder by Respondent through written contract / Respondent allocated 96 hours for job, which extended to 116 following issues arising in work / Respondent has paid Applicant for 122 hours / Applicant claims $2,978.50 for additional 74 unpaid hours / Held: Applicant was working on estimate rather than fixed price basis under the contract / Applicant required to invoice time that reflected assigned hours / standard industry practice allows 15% margin on estimates above allocated hours towards actual time on job / Applicant entitled to charge and be paid for 110.4 hours for original scope of work / unpredictable issues arose during job that required more time / Respondent did not allocate additional hours for this increase by mutual agreement with Applicant, as was required under contract / claim allowed, Respondent ordered to pay Applicant additional hours for estimate and issues that arose, totalling $1,465.10

  24. CW-v-XD-2015-NZDT-878-4-September-2015 [PDF, 115 KB]

    Contract / negligence / Applicant sought half the cost for arborist and tree work undertaken / Respondent counterclaimed for damage to his property from tree work and rent when contractors used his property as a workplace and car park / HELD: Respondent obtained resource consent to cut down tree years earlier / Applicant engaged arborist before consulting with Respondent / therefore Respondent only liable to pay half the cost of tree felling / claim partially allowed, Applicant ordered to pay Respondent $1,322.50 for tree work / Respondent did not prove on balance of probabilities that Applicant caused damage, nor can he charge rent without agreement between the parties / counterclaim dismissed

  25. EA v UZ Ltd [2015] NZDT 889 (12 August 2015) [PDF, 149 KB]

    Contract / Consumer Guarantees Act 1993 (CGA) / Applicant purchased type A factory bike from original owner / Respondent was the licensed importer / dirt found in the motorcycle’s airbox caused serious damage to the engine / Applicant repaired the bike himself and claimed for his losses / Held: motorbike not of acceptable quality / inadequate airbox filter system compromised bike’s durability / Respondent considered manufacturer / Applicant able to claim against manufacturer for losses relating to engine failure / Applicant not required by CGA to send bike to Respondent for examination  / Applicant unable to profit from engine failure / amount of losses not changed for betterment or loss of value / claim allowed, Respondent ordered to pay Applicant $8,318.08 and to arrange for collection of damaged engine from Applicant at own cost.