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1722 items matching your search terms

  1. HA v CQ Ltd [2023] NZDT 626 (13 November 2023) [PDF, 225 KB]

    Contract / Applicant entered into property management agreement with Respondent  / Applicant claimed Respondent breached agreement by moving items out of apartment that were later destroyed by flood damage / Applicant claimed $2,467.00 from Respondent to replace items / Held: Respondent did not breach agreement by removing Applicant’s furniture from apartment to enable it to be rented / Applicant breached agreement by failing to purchase insurance for property / Respondent not responsible for loss of furniture / Claim dismissed.

  2. CS & KS v H Ltd [2023] NZDT 605 (13 November 2023) [PDF, 204 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant contracted Respondent to install solar power system / Moisture entered inverter at base / Electrician believed water overflowed onto unit / Respondent offered replacement under warranty but does not accept unit or its placement to be faulty / Applicant declined offer and claimed unit to be moved into detached garage / Held: on balance of probabilities, gutter overflowing caused moisture ingress / Installation not fit for purpose of being a durable installation in the location in which it was positioned / Respondent ordered to replace inverter in higher location, and to clear guttering / Respondent ordered to pay $164.37 for increased power costs / Claim allowed.

  3. K Ltd v SK & TK [2023] NZDT 651 (10 November 2023) [PDF, 235 KB]

    Contract / Consumer Guarantees Act 1993 / Respondent engaged Applicant to install pool / Pool set in the ground at a higher level than what Respondent expected and as per contract / Respondents asked Applicant to pay further $8,131.69 for remedial work / Applicant claimed outstanding balance owing for pool installation and interest / Respondent counter-claimed balance owing for remedial work around pool and on the lawn / Held: height of pool discussed with Respondent / Finished pool height was 170mm above the patio / Contract complete and final payment must be paid by Respondent / Applicant obliged to remediate damage to lawn / Applicant not entitled to charge interest / Respondent ordered to pay Applicant $8,072.69 / Claim allowed in part.

  4. BI v LU [2023] NZDT 589 (10 November 2023) [PDF, 205 KB]

    Negligence / Pizza oven fire spread from Respondent’s home to Applicant’s neighbouring home / Applicant claimed Respondent was negligent in failing to follow installation specifications when installing pizza oven / Applicant claimed $18,754.37 in repair costs from Respondent / Respondent claimed they did not receive the relevant specification and denied liability / Held: insufficient evidence Respondent received specification / Claim dismissed.

  5. EX & OI v D Ltd & BD [2023] NZDT 648 (9 November 2023) [PDF, 202 KB]

    Contract / Misrepresentation / Consumer Guarantees Act 1993 (CGA) / Contract and Commercial Law Act 2017 / Applicant purchased racing engine from Respondent for $25,000 / Applicant later discovered engine had serious technical issues / Applicant claimed $30,000, being refund plus costs associated with testing engine / Held: engine sold in private sale, not through Respondent’s company / As engine not sold in trade, CGA did not apply / Applicant failed to prove Respondent misrepresented condition of engine, inducing Applicant to enter agreement / Claim dismissed.

  6. LX v O Ltd [2023] NZDT 619 (9 November 2023) [PDF, 112 KB]

    Negligence / Respondent’s power lines ran across part of Applicant’s land / Parties signed tree maintenance agreement relating to trees near power lines / Applicant discovered steer trapped by branches left behind after they had been felled by Respondent / Steer died due to injuries sustained / Applicant claimed debris was not removed and was not cut into manageable lengths / Applicant brought claim against Respondent for $30,000.00 / Held: not proven that Respondent breached agreement when they felled trees / Not reasonably foreseeable that felled branches and trunks would cause hazard for animals / Not proven that branches and trunks were unmanageable / Not proven that Respondent breached duty of care causing loss of property / Respondent not negligent in circumstances / Claim dismissed.

  7. H Ltd v MN & KN [2023] NZDT 656 (8 November 2023) [PDF, 309 KB]

    Contract / Applicant managed respondents farm under sharemilking agreement / Issues identified that were considered a breach of contract / Respondents gave applicant notice to terminate contract / Applicant claims compensation for loss of earnings, storage for belongings, calf milk powder and water pump / Held: termination of agreement was unlawful / Respondents repudiated contract / Applicant entitled to damages as consequence of repudiation / Applicant entitled to loss of earnings damages / Applicant entitled to storage costs / Other parts of claim not proven / Claim allowed, respondents to pay applicant $19,898.95

  8. DN v IL Ltd [2023] NZDT 644 (8 November 2023) [PDF, 200 KB]

    Consumer law / Consumer Guarantees Act 1993 / Applicant purchased spa pool from Respondent / Pump was replaced after failure, replacement pump also failed / Applicant sought to reject pool, claimed $5,999.00 refund / Held: Applicant failed to prove pool was not of acceptable quality or fit for purpose / Source of pool failure could not be determined on evidence provided, possibility of user error rather than manufacturing defect / Claim dismissed.

  9. UB v NC [2023] NZDT 628 (8 November 2023) [PDF, 141 KB]

    Tort / Private nuisance / Trespass / Applicant hired contractor to trim neighbouring Respondent’s trees to prevent “ongoing damage” caused by overgrown debris / Applicant claims $3,092.50 in private nuisance for damage caused to iron fence by overgrown trees / Respondent counter-claims $999.99 in trespass for damage caused to trees and plants by contractors / Held: Respondent’s overgrown trees caused unreasonable interference and damage to Applicant’s fence / However, Applicant caused damage to Respondent’s trees and plants by allowing contractors to trespass trimming trees / Applicant entitled to $3,047.50 in damages / Respondent entitled to $350.00 for damage to trees and plants / Respondent to pay Applicant $2,697.50 / Claim and counter-claim partially allowed.

  10. IU v TS [2023] NZDT 585 (8 November 2023) [PDF, 164 KB]

    Negligence / Respondent collided with Applicant’s car / Applicant and insurer claimed Respondent was liable as they negligently pulled into turn-only lane without ensuring manoeuvre could be carried out safely / Respondent claimed they had right of way and Applicant was speeding / Held: Respondent was liable for collision as Applicant had right of way / Respondent failed to prove Applicant was speeding or driving unreasonably / Respondent to pay Applicant’s insurer $10,507.46 for damage / Applicant’s insurer to refund Applicant $400 insurance excess / Claim allowed.

  11. S Ltd v D Ltd [2023] NZDT 405 (8 November 2023) [PDF, 120 KB]

    Construction law / Applicant engaged Respondents to do extensive renovation work on its commercial property / Both parties agree further external waterproofing required / Windows leaked before exterior waterproofing completed / Another company completed waterproofing and remediation work / Applicant claimed $14,950 of amount charged because Respondent failed to adequately waterproof installed windows / Held: windows were leaking / Applicants made aware of the need to complete sealing before watertightness could be achieved / Respondent ordered to pay Applicant $3,358 / Claim allowed in part.

  12. Z Ltd v P Ltd [2023] NZDT 604 (7 November 2023) [PDF, 230 KB]

    Contract / Consumer Guarantees Act 1993 (CGA) / Respondent undertook gas fitting and plumbing work at Applicant's premises / Applicant alleged work done by Respondent not done with reasonable care and skill and resulting in products not fit for purpose / Applicant alleged Respondent breached terms of contract causing its loss / Applicant claimed $1,999 / Held: Applicant not a consumer under the CGA / CGA does not apply / Applicant failed to prove it is more likely than not that the Respondent failed to provide services in a reasonable and tradesperson-like manner / Lack of evidence from Applicant / Claim dismissed.

  13. XD Ltd v QC [2023] NZDT 607 (7 November 2023) [PDF, 256 KB]

    Contract / Consumer Guarantees Act 1993 / Construction Contracts Act 2002 / Respondent engaged Applicant for building work / Issues arose as work progressed / Respondent withheld payment of final invoice due to alleged defects in Applicant’s work / Applicant claimed $12,095.63 for unpaid invoice / Respondent counter-claimed $29,249.56 damages for defective work, lost rental income, interest, and legal fees / Held: Respondent in breach of contract for non-payment / Applicant liable for some issues claimed by Respondent, being damage to sewage pipe and failing to meet consenting requirements in installation of paths around house / Respondent failed to prove other counter-claims / Respondent ordered to pay Applicant $5675.18 / Claim and counter-claim both allowed in part.

  14. O Ltd v U Ltd [2023] NZDT 586 (7 November 2023) [PDF, 208 KB]

    Contract / Applicant provided building services to Respondent / Quote was based on plans, which showed area of 90 square metres / Respondent made progress payments, but withheld final 20% / Respondent stated build area only 70 square metres, sought reduction of invoiced amount / Applicant claimed for outstanding invoice, agreed to offer credit of $6480 plus GST for some incomplete work / Held: Respondent failed to provide evidence that area shown in plan incorrect / No basis on which to reduce amount invoiced for reduced area / Credit offered by Applicant fair and reasonable / Respondent ordered to pay Applicant $28,527.68 / Claim allowed.  

  15. TC v TB [2023] NZDT 575 (7 November 2023) [PDF, 185 KB]

    Contract / Disputes Tribunal Act 1988 / Respondent engaged to collect and install a television for Applicant / Dispute over whether work was completed / Applicant claimed $209.37 for time and travel for work / Respondent claimed $260.00 for collection and installation, though confirmed claim was for $195.50 invoice / Held: Applicant’s claim did not fall within limited jurisdiction of Tribunal to award claims for costs / Risk of disappointment in all consumer transactions and time and stress of dealing with that disappointment not usually recoverable / Respondent did collect and attach television to wall / Applicant ordered to pay $195.50 for invoice/ Claim dismissed and Counterclaim allowed.

  16. BM v NE [2023] NZDT 612 (6 November 2023) [PDF, 204 KB]

    Contract / Misrepresentation / Property / Applicant purchased house from Respondent / Applicant discovered Respondent made false statement / Textured walls contained asbestos / Applicant claimed $21,485.93 to remove remaining wallboards with asbestos / Held: Respondent misrepresented property to Applicant / Applicant induced to purchase house because of misrepresentation / Applicant entitled to damages / Respondent ordered to pay Applicant $21,494.93 / Claim allowed.

  17. DL Ltd v DX [2023] NZDT 647 (6 November 2023) [PDF, 191 KB]

    Contract / Applicant entered agreement to build custom vanity for Respondent / After installation, vanity top drawer would not close / Applicant fixed and reinstalled drawer, invoiced Respondent for additional work / Respondent disputed charge as additional work due to Applicant’s error / Applicant claimed $624.08 for unpaid invoice / Held: Applicant made error in constructing drawer / Change to drawer was not variation to contract, therefore Respondent not liable to pay for it / Claim dismissed.

  18. DE v B Ltd [2023] NZDT 643 (6 November 2023) [PDF, 193 KB]

    Consumer law / Consumer Guarantees Act 1993 / Applicant purchased vehicle from Respondent for $23,380.00 / Applicant claimed vehicle had ongoing problems, sought to reject it and obtain refund / Respondent had previously paid two invoices for repair work in accordance with Tribunal settlement between parties / Respondent claimed subsequent issues due to Applicant not having vehicle properly serviced / Held: Applicant had lost right to reject car, as they did not exercise right within reasonable time / Applicant unable to pursue afresh matters dealt with in previous settlement / Not proven that subsequent issues were attributable to car not being of acceptable quality / Respondent’s argument of inadequate servicing by Applicant was tenable, not disproven / Claim dismissed.

  19. KQ v LI [2023] NZDT 593 (6 November 2023) [PDF, 93 KB]

    Procedure / Applicant claimed $4,500 to be paid / Respondent avoided communication with Tribunal / Held: Respondent had opportunity to attend hearing and provide his side of story / Respondent agreed to pay Applicant and adjournment was to give Respondent 2 weeks to arrange a loan to pay Applicant in full / Respondent ordered to pay Applicant $4,500 / Applicant will make vehicle available for Respondent to uplift when full sum $4,500 has been paid / Claim allowed.

  20. ST v F Ltd NS [2023] NZDT 563 (6 November 2023) [PDF, 179 KB]

    Consumer law / Consumer Guarantees Act 1993 / Applicant purchased bathroom vanity from First Respondent for $1,968, had Second Respondent install it / Within two months, vanity was delaminating / Applicant claimed $2,968 against both Respondents for cost of purchasing and installing replacement vanity / Held: Second Respondent’s inadequate installation was reason for vanity’s failure, breach of consumer guarantee that services will be carried out with reasonable care and skill / Vanity damaged by water ingress, re-installation or repair not reasonable options /  Applicant entitled to recover cost of purchasing and installing replacement / Second Respondent ordered to pay Applicant $2,968 / Claim allowed.

  21. D Ltd v P Ltd [2023] NZDT 569 (3 November 2023) [PDF, 195 KB]

    Contract / Heritage New Zealand Pouhere Taonga Act 2014 / Applicant supplied heritage services for a commercial property on behalf of then property owner / Archaeological remains discovered / Property then sold to Respondent / Applicant continued to work on property due to transfer of authority arrangement /  Number of Applicant’s invoices sent to Respondent were unpaid / Applicant sent interim report on findings / Respondent criticised report and contended work done was unnecessary and of limited value / Applicant claimed for unpaid invoices, $19,429.26 / Held: no evidence Respondent cancelled or purported to cancel the contract with Applicant / Respondent liable to pay Applicant’s charges for all work carried out / Applicant’s $1540.00 legal fees should be excluded from claim amount / Respondent ordered to pay $18,000.00 / Claim allowed.

  22. MH & QH v I Ltd [2023] NZDT 597 (2 November 2023) [PDF, 208 KB]

    Warranty / Consumer Guarantees Act 1993 / Building Act 2004 / Applicants bought a retractable roof pergola from the Respondents / Applicants are concerned that the way the pergola has been attached to their home is structurally unsound / Applicants also concerned that the height of the pergola at one end does not meet their specifications / Applicants bring a claim against Respondents for a refund of their deposit, costs of removing the pergola and a declaration of non-liability for the balance owed / Held: Pergola not fit for purpose / Defect is of a substantial character / Applicants entitled to consequential losses / Claim allowed, Respondent ordered to pay Applicant $18,422.44.