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1722 items matching your search terms

  1. CK & NK v BG & HG [2023] NZDT 40 (19 October 2023) [PDF, 186 KB]

    Contract / Disputes Tribunal Act 1988 / Applicant and Respondent owned flats next door each other that were subject of a cross-lease / Applicant suggested to Respondent to update cross-lease and Respondent agreed / Applicant said Respondent agreed to pay half the cost of legal and surveying and other fees in cross-lease transaction / Respondent refuses to pay / Applicant claimed $3,899.48 which is half of the costs / Held: Applicant provided insufficient evidence to prove Respondent agreed to contribute towards costs relating to cross-lease transaction / Respondent's property gained new exclusive use areas which would likely make property more attractive to potential future purchasers / 20% contribution from Respondent towards total costs is reasonable / Respondent ordered to pay Applicant $1,559.79 / Claim allowed in part.

  2. CC & TC v BE & NE [2023] NZDT 524 (18 October 2023) [PDF, 199 KB]

    Contract / Applicants purchased property from respondents which included in-ground swimming pool / Applicants say pool not in reasonable working order because it has to be topped up with 40cm of water a week / Applicants claim for the cost of the pool being prepped, fibreglass laminate applied and gelcoat top / Held: Warranty in agreement for sale and purchase does not extend to lining of in-ground pool / Real estate agent represented pool was in operating condition / Unable to find representation was false / Outcome: claim dismissed

  3. KT & TL v F Ltd [2023] NZDT 666 (17 October 2023) [PDF, 204 KB]

    Contract / Contract and Commercial Law Act 2017 / Applicants engaged Respondent to build house / Agreed completion date was 30 April 2021 / Work was not completed and Applicants cancelled contract in October 2022 / Applicants presented list of items left unfinished and costs of completing them / Applicants claimed $30,000.00 towards losses suffered / Held: Respondent’s behaviour made it clear it did not intend to complete obligations under contract, Applicants were entitled to cancel contract / Respondent ordered to pay Applicants $23,474.50, and Applicants entitled to $6,525.50 held in lawyers escrow account / Claim allowed.

  4. DD v H Ltd [2023] NZDT 536 (17 October 2023) [PDF, 214 KB]

    Contract / Consumer Guarantees Act 1993 / Respondent provided services of an electrician to applicant / Applicant unhappy with work and amount charged / Applicant has not paid the full invoice / Held: work agreed on was for cables to be laid from house to studio in garden / Although no full price was agreed, the components of pricing were agreed before the job was booked / No evidence price was unreasonable / Outcome: applicant must pay respondent $1,012.00

  5. HL Ltd v AH [2023] NZDT 490 (17 October 2023) [PDF, 178 KB]

    Negligence / Applicant operated an inner city superette / Applicant stated Respondent came into the shop, and as he was serving her, her son’s scooter collided into one of the shop windows and damaged it / Applicant claimed $744.00 to replace damaged shop window / Held: no act of negligence on behalf of Respondent / Respondent’s son was supervised outside by adult / Respondent’s conduct as a parent was reasonable / Evident the Applicant suffered a loss but not all losses are recoverable / Applicant not shown that the damage was caused by Respondent’s act of negligence / Claim dismissed.

  6. UN v CD Ltd & CD [2023] NZDT 663 (16 October 2023) [PDF, 112 KB]

    Contract / Applicant engaged Respondent’s surveying services for property subdivision / Respondent invoiced Applicant $11,715.63, including $2,070.00 for stormwater design / Drainlayer undertook stormwater work, but advised Applicant there was nothing wrong with original pipes, was only doing work as instructed / Drainlayer invoiced Applicant $24,253.50 / Applicant claimed new drain and pipe work was unnecessary, sought $17,284.50 from Respondent for 80% of storm water design and additional drainlayer costs / Held: Applicant failed to prove pipe work was unnecessary / Respondent had been unable to conclusively determine state of original pipes or if they met council standards, was reasonable in circumstances to have pipes dug up and replaced / Applicant was aware of costs of pipe work, consented to this / Claim dismissed.

  7. SD & QD v NU [2023] NZDT 587 (16 October 2023) [PDF, 96 KB]

    Contract / Contract and Commercial Law Act 2017 / Applicants purchased vehicle for $6,800 from Respondent, selling on behalf of his parents / Car had obtained warrant in month before sale / Applicant queried if car had any issues or had been in accident, Respondent said not that he knew of / Applicants took vehicle to two auto-repairs specialists, who advised car appeared to have been damaged in accident / Applicants alleged Respondent misrepresented car’s condition, that car was unsafe, claimed refund / Held: not known when any accident happened / No evidence car unsafe / No evidence Respondent had work done on vehicle to conceal defects after it obtained warrant / No evidence Respondent misrepresented vehicle / Claim dismissed.

  8. WH v P Ltd [2023] NZDT 542 (16 October 2023) [PDF, 199 KB]

    Contract / Consumer Guarantees Act 1993 / Contract and Commercial Law Act 2017 / Applicant engaged Respondent to renovate kitchen / Respondent did not complete work / Applicant cancelled contract, had work completed by another supplier / Applicant claimed refund of $8000 deposit / Held: Respondent breached contract by not completing work in reasonable time / Respondent given multiple opportunities to finish work but did not do so / Applicant was entitled to cancel contract / Work done was of no value to Applicant, Applicant entitled to refund / Respondent entitled to have back materials it installed in Applicant’s kitchen / Respondent ordered to pay Applicant $8000 / Claim allowed.

  9. A Ltd & CB v X Ltd [2023] NZDT 528 (16 October 2023) [PDF, 197 KB]

    Consumer Guarantees Act 1993 / Applicant took vehicle to Respondent for repair of engine light / Respondent checked and replaced spark plugs, coils and other parts / Car broke down after overheating on the way home / Applicant seeking refund, rental car costs and petrol costs / Whether repairs done with reasonable skill and care / Held: on the balance of probabilities the issues with the car overheating were more likely to be existing / Issue not related to work carried out by Respondent / Claim dismissed

  10. XY v OL [2023] NZDT 515 (16 October 2023) [PDF, 200 KB]

    Contract / Contract and Commercial Law Act 2017 / Applicant saw motor vehicle that Respondent had advertised / Applicant test drove vehicle / Applicant paid $3,500 and took ownership and possession of vehicle / Applicant came back to Respondent 20 minutes later and wanted to return vehicle as it appeared to have significant faults / Held: There was offer and acceptance, both parties intended to be legally bound and were competent to enter contract / Respondent had not misrepresented the vehicle / Claim dismissed.

  11. MZ v X Ltd [2023] NZDT 511 (16 October 2023) [PDF, 213 KB]

    Contract / Consumer Guarantees Act 1993 / Fair Trading Act 1986 / Applicant bought flight tickets for her parents from Respondent / Applicant's parents not allowed to board flight as name recorded on ticket not the same as name recorded on passport / Respondent unable to assist Applicant on time / Applicant claimed $2,828 compensation for missed flights / Held: Respondent not liable for Applicant's loss / Warning on booking page notified Applicant that Respondent is unable to assist in correcting names in tickets once booking is confirmed / Applicant should have been informed return tickets would be cancelled / Respondent did not commit any statutory or contract breach / Applicant can claim cost of return flights / Respondent ordered to pay Applicant $1,414 / Claim allowed in part.

  12. L Ltd v T Ltd [2023] NZDT 603 (13 October 2023) [PDF, 204 KB]

    Contract / Applicant employed by Respondent to carry out repair work / Applicant was tasked to build decking, landscape and other work to achieve Council compliance / No contract was signed by parties / Respondent disputes invoices billed by Applicant / Held: Could not conclude whether there was a contractual term regarding markup / Applied industry knowledge to determine what fair and reasonable markup was / Some unexplained and additional material costs were added to invoices / Respondent to pay Applicant $10,432.95.

  13. BQ & LI v J Ltd [2023] NZDT 519 (13 October 2023) [PDF, 208 KB]

    Contract / Building Act 2004 / Applicants purchased duplex house from first owner who bought it new from respondent / Applicants claim roofing failed within 5 years of being built / Also claim it is not fit for purpose, there was leak over sliding door and cracks in gib / Applicant’s claim $16,771.50 for repair and inspection report costs, 5 weeks and 4 days lost rental, administration time and overheads, estimated additional repairs / Held: roofing not reasonably fit for purpose / Applicants entitled to some of what they claim as remedy / Outcome: claim allowed, respondent to pay applicants $5953.39

  14. EQ v B Ltd [2023] NZDT 504 (13 October 2023) [PDF, 198 KB]

    Contract / Limitation Act 2010 / Fair Trading Act 1986 / Consumer Guarantees Act 1993 / Accident Compensation Act 2001 / Applicant consulted Respondent about hair loss and paid $4,361 for glued-on wig / Applicant experienced bad burning to scalp and returned for four maintenance appointments / Applicant had her head shaved and was later medically diagnosed with auto-immune condition / Applicant claimed $10,000 for damages / Held: any part of claim not barred under the Limitation Act 2010 comes within the exclusive jurisdiction of the Accident Compensation Act 2001 / Claim struck out.

  15. NC v VU Ltd [2023] NZDT 546 (12 October 2023) [PDF, 176 KB]

    Lease / Applicant answered Respondent’s ad for lease of a commercial property / Applicant intended to use premises as a wedding venue / Parties entered negotiations over lease terms / No lease contract was signed / Applicant agreed to pay $2,000.00 deposit on the basis that renovations would take place /  Deposit was paid to hold the property until terms of lease could be agreed / Dispute over whether agreement between parties / Applicant sought a return of $2,000 deposit / Held: parties never reached a concluded agreement / Parties never moved pass negotiating / Respondent not entitled to retain deposit as compensation as specific terms were not met or a lease contract signed / Applicant entitled to full refund of deposit paid / Respondent ordered to pay $2,000.00 / Claim allowed

  16. O Homes Ltd v BL & SL [2023] NZDT 523 (12 October 2023) [PDF, 188 KB]

    Contract / Contract for applicant to supply respondents with materials required to build log house / Applicant claims sum comprised of two invoices / First for materials and labour / Second for LVL beams / Respondents counterclaim for payment relating to shipping and import costs / Held: respondents must pay first invoice, no prejudice by timing of invoice / Respondents not obliged to pay second invoice, use of LVL not authorised / Counter claim dismissed, was made reasonably clear respondents would need to pay for importing and shipping materials / Outcome: claim allowed, respondents to pay applicant $3,904.38

  17. BT Ltd v XN [2023] NZDT 549 (11 October 2023) [PDF, 101 KB]

    Contract / Business entered into a written storage agreement with Applicant to pay monthly rent to store belongings / When Respondent purchased the business, its account was in arrears of $938.92 / Respondent continued to pay monthly rental and arrears remained / Applicant subsequently notified Respondent of monthly rent increases twice / Respondent failed to increase rent payments resulting in further arrears / Parties signed agreement allowing Respondent to remove their goods if they agreed to pay the arrears of $4305.05 at $200 per week / Agreement stated interest charges of 15% would be waived if Respondent paid agreed arrears / Respondent paid only $525.00, breaching  agreement / Applicant claimed remaining $3780.05 plus interest of $2409.00 over entire period arrears were owing / Held: Respondent must pay Applicant $5701.05, $1921.00 (interest), $3780.05 (arrears) / Claim allowed.

  18. TS v L Ltd [2023] NZDT 530 (10 October 2023) [PDF, 213 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant bought boat from Respondent / Boat lurched violently to the right when throttle applied and could only be steered straight with heavy pressure to the left / Applicant brought boat to mechanic and discovered that engine mounts were broken causing steering problem / Water entered into the motor / Motor partially seized / Applicant claimed $5,500 compensation / Held: boat not of acceptable quality at time of sale / Motor does not operate safely and effectively, and it cannot be economically repaired / Breach has not been remedied / Respondent ordered to pay Applicant $5,500 / Claim allowed.

  19. LI v T Ltd [2023] NZDT 525 (10 October 2023) [PDF, 101 KB]

    Personal Property / Applicant placed bag into storage locker owned and operated by Respondent at airport / Applicant's pin not recognised by locker / Once locker was open, Applicant's bag was not inside / Applicant's bag located in lost and found / Applicant claimed cost of transporting bag, other related costs and compensation for stress and inconvenience / Held: locker unlikely to have been faulty / No evidence of any previous faults with locker / Applicant's payment unsuccessful and locker was made available to next person / Respondent had not breached any legal duty owed to Applicant and is not liable for costs incurred / Claim dismissed.

  20. DE v SC [2023] NZDT 499 (10 October 2023) [PDF, 205 KB]

    Negligence / Applicant and Respondent were involved in a car accident at an intersection / Both were proceeding on a green arrow when a car came through the intersection from the opposite direction, running a red light / Applicant braked hard and Respondent hit the rear of the Applicant’s car / Applicant sought $10,162,76 for car repairs / Held: Respondent’s driving was not negligent / Person responsible for damage to Applicant and Respondent’s cars was the driver of another car / Claim dismissed.

  21. DL v ET [2023] NZDT 532 (9 October 2023) [PDF, 201 KB]

    Contract / Land law / Right of support / Fencing Act 1978 / Applicant and Respondent are neighbours / Due to weather event, retaining wall on boundary of two properties partially collapsed / Applicant and Respondent received insurance cover from their respective insurers for remediation work / Both agreed that Respondent will repair retaining wall at his cost and Applicant will repair fence and walkway at his cost / After commencing repairs, Respondent advised Applicant he will be halting wall repairs due to lack of funds / Applicant claimed $12,471.85 for reduced rent and other repair costs / Respondent counter-claimed $27,045 shortfall between estimated cost and insurance pay-out / Held: wall is not a fence under statutory definition therefore Respondent cannot claim for any contributions from Applicant / No agreement between parties binding Respondent to undertake repairs to the retaining wall at his cost / Claim dismissed / Counter-claim dismissed.

  22. KD v QM [2023] NZDT 507 (9 October 2023) [PDF, 209 KB]

    Contract / Limitation Act 1950 / Applicant filed a personal claim against Respondent for alleged defective work performed by Respondent's company when building a conservatory for Applicant's father / Applicant had been successful in previous claim against Respondent's company and an order was made to pay Applicant $11,127.50 / Applicant claimed Respondent personally liable / Held: Applicant had not provided any evidence of basis on which Respondent could be held personally liable / Claim dismissed.