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342 items matching your search terms

  1. NO Ltd v JL Ltd & SI [2021] NZDT 1342 (19 January 2021) [PDF, 200 KB]

    Damages / Second respondent responsible for vehicle accident that caused damage to Applicant’s property / Applicant claimed costs of $5,196.23 to repair the damage / Second Respondent claims a deduction should be made from the sum claimed to reflect betterment and a failure to mitigate costs / Held: appropriate to allow a deduction of 20% for betterment of the damaged property / Held: deduction of 20% towards costs regarding hours spent on repair and age of property for lack of documentation of actual costs / Claim allowed / Second respondent ordered to pay $4,156.98 to Applicant.

  2. MG and WJ New Zealand Ltd v DI Ltd [2021] NZDT 1358 (15 January 2021) [PDF, 224 KB]

    Consumer Guarantees Act 1993 / Duty of reasonable care and skill / Respondent installed heat pump system at home of Applicant / External heat pump unit fell and caused damage to unit and Applicant’s house / Applicant contacted Respondent to inspect unit but Respondent failed to attend property / Applicant involved insurance company and the heat pump unit was replaced / Applicant’s insurance company claims costs for replacement of unit and Applicant’s excess / Applicant claims further losses relating to guarantee of acceptable qualify of the condensation pump / Held: Respondent failure to securely attach heat pump was a failure of the guarantee of reasonable care and skill / Respondent liable to pay cost of total losses as a result of the external heat pump unit falling / Claim allowed / Respondent to pay Applicant’s insurance company $5,661.64 / Held: no further loss to Applicant for any failure of guarantee of acceptable quality for the condensation pump / Claim dismissed

  3. DQ Ltd v MS Ltd [2020] NZDT 1314 (21 December 2020) [PDF, 188 KB]

    Consumer law / s 13(a) of the Fair Trading Act 1986 / s 28 of the Consumer Information Standard (Used Vehicle) Regulations 2008 / Applicant purchased vehicle from Respondent / Respondent provided Applicant with a Consumer Information Notice at point of sale / notice incorrectly stated that the vehicle had not been imported as a damaged vehicle / Applicant claims $29,980.00 for cost of vehicle and sign writing / Held: Respondent made false representations regarding history of the vehicle / Respondent did not comply with Consumer Information Standard regulations / No defence under s 44(5) of the Fair Trading Act as Respondent knew, or should have known, that it did not comply with the consumer information standard / Claim allowed / Respondent ordered to pay Applicant $29,980.00 / Applicant ordered to make vehicle available for collection by Respondent.

  4. BD v ED [2020] NZDT 1383 (17 December 2020) [PDF, 180 KB]

    Contract / Contract and Commercial Law Act 2017 / Applicant purchased a power meter from Respondent on a website / Applicant stated advertisement claimed power meter was in an excellent condition / Applicant claimed the power meter readings were inaccurate / Website rules allowed three-day return period / Applicant contacted Respondent nine days after he received power meter / Applicant alleged Respondent misrepresented the condition of the power meter and had refused to refund his money / Whether Respondent made any misrepresentations which induced the Applicant to enter the contract / Whether Respondent breached terms and conditions implied in the contract / Whether Applicant entitled to return power meter and have his money returned / Held: no independent evidence to support allegation that the meter readings were well below what was advertised / Applicant did not prove there was a misrepresentation / Website rules were clear and provided for a three-day return period / Too many var...

  5. TO Ltd v TX [2020] NZDT 1360 (11 December 2020) [PDF, 255 KB]

    Contract / Consumer Guarantees Act 1993 / Variation of contract / Reasonable price / Respondent engaged Applicant to provide landscaping services at his home / Applicant provided Respondent a written scope of works priced as a “provisional estimate” / A variation order was issued to reflect a change in materials for a path from concrete to stone / During project disputes arose over quality of work and amounts being invoiced / Applicant claims unpaid invoices of $18,306.22 / Respondent counter-claims $30,000 representing sums over-paid and remedial costs / Held: no meeting of the minds with respect to the variation of the total price for the stone path / Applicant’s variation order was not clear or consistent with other comparable pricing for paving with the same product / Respondent claims “remedial” work not carried out by Applicant but was charged in provisional estimate / Held: reduction for remedial work in the overall claim per terms of “reasonable price” under s 31 of the CGA / C...

  6. KN v BT [2020] NZDT 1365 (9 December 2020) [PDF, 101 KB]

    Fencing Act 1978 / Applicant and Respondent own neighbouring properties which share 12m of a 26m length of fence / A 12m length of fence fell in a storm / Applicant and Respondent agreed in principle that the entire length of fence needed replacing / Parties disagreed on building the new fence / Respondent built and paid for a 12m length of fence between the properties / Applicant continued building the remaining length of fencing between the properties / Applicant claims $2836.25 for half of the cost of the fence and removal/temporary repair of old fence / Held: parties did not reach an agreement as to the type and cost of the new fence / Respondent not liable to contribute to costs per s 10(4) of Fencing Act because no notice served before work on new fence began / Claim dismissed

  7. EK v 2E Ltd [2020] NZDT 1384 (2 December 2020) [PDF, 177 KB]

    Consumer law / Fair Trading Act 1986 / Applicant purchased a refurbished phone for $699.99 from Respondent / Applicant’s daughter dropped the phone into a pool / Afterwards problems with the phone / Applicant returned phone to Respondent for repairs / Respondent refused to repair phone without charging / Applicant alleged phone was marketed as being waterproof but was not / Applicant claimed original cost of the phone / Whether Respondent engaged in misleading and deceptive conduct / If so, whether amount claimed was reasonable / Held: Respondent’s website did not state that refurbished phones are not as durable nor that the warranty did not cover water damage / Respondent engaged in misleading and deceptive conduct / Test was how long a reasonable person would expect a refurbished phone to last / Expectation that EK’s phone would last another 26 months / Calculated that Applicant’s phone had 72 percent of its life left / Claim allowed in part / Respondent ordered to pay Applicant $503...

  8. GT v SGG Ltd & Ors [2017] NZDT 1047 (27 November 2017) [PDF, 83 KB]

    Jurisdiction / applicant purchased trailer to build tiny house / trailer registered in applicant’s name & statement that ownership transferred on payment / seller went into liquidation & trailer & partially built house included in sale of business / whether Tribunal has jurisdiction or whether claim should be transferred to District Court (DC) / whether applicant had title to trailer / whether respondent liquidator liable for conversion / Companies Act 1993, s284 / Contract and Commercial Law Act 2017 / Held: claim based on property ownership not debt so Tribunal has jurisdiction / Tribunal regularly deals with interpretation of contracts so no need to transfer to DC / trailer in a deliverable state / applicant had title to trailer / ownership transferred on payment & attaching plates signified intention to transfer / respondent liable for conversion / applicant deliberately excluded from possession by respondent / claim allowed / respondent ordered to pay $12,737.05 to applicant.

  9. JC v GCQ Inc [2020] NZDT 1318 (20 November 2020) [PDF, 197 KB]

    Contract / Tenancy law / Respondent leased a commercial premise from Applicant / during Level 4 COVID-19 lockdown, Respondent had limited access to the premise, however Respondent’s employees were able to do some work from home / Applicant claims $7,363.70 for balance of rental, penalty interest and legal costs / Held: Arbitration clause in lease does not limit Disputes Tribunal’s ability to hear claim / Respondent’s employees could work from home so a 20% reduction of rent during the Level 4 lockdown was fair / Recovery of legal costs prevented by cl 6.1 of ADLS lease / Claim allowed / Respondent order to pay Applicant $2,129.43

  10. NH v RA Trustees Ltd [2020] NZDT 1373 (11 November 2020) [PDF, 106 KB]

    Fencing Act 1978 / Applicant approached Respondent regarding replacement of fence between properties / Respondent proposed replacement of parts of fence / Parties could not come to an agreement / Applicant sent quote from fencing contractor on 1 February 2020 / Applicant sent formal fencing notice on 21 February 2020 / Respondent replied wanting to undertake repairs at own costs / Applicant claims half share of fencing quotation / Held: existing fencing not adequate / Quotation provided by Applicant reasonable for length and type of fence / Claim allowed / Respondent ordered to pay Applicant $1449.00

  11. WQ Ltd v ND Ltd [2020] NZDT 1323 (10 November 2020) [PDF, 152 KB]

    Contract / Respondent engaged Applicant as a subcontractor to complete plumbing work / Applicant claims $15,548.84 owed under various unpaid invoices, plus interest / Respondent counter-claims that Applicant overcharged for work done and did not complete work / counter-claim struck out as issue previously determined in the Building Disputes Tribunal / Held: likely that Applicant did not receive the conditions of sub contract / even if Applicant breached contract, no evidence Respondent suffered loss or would have otherwise been entitled to damages / Applicant owed amounts detailed in outstanding invoices / Applicant not entitled to interest / claim allowed, Respondent to pay Applicant $15,548.84

  12. SG v H Ltd [2020] NZDT 1327 (29 October 2020) [PDF, 196 KB]

    Contract / Contract and Commercial Law Act 2017 / Applicant formed company to provide finance for new companies / Applicant occasionally lent own money to company and was typically repaid by the Respondent / Applicant resigned and discovered he was owed payment of $7,025.29 from Respondent / Applicant submitted claim for repayment of the sum / Respondent claims that Applicant signed a confirmation on his resignation that the Respondent does not owe him any money and he has no other claims against Respondent / Held: resignation letter binding contract / Claim dismissed.

  13. CW Ltd v KI [2020] NZDT 1359 (21 October 2020) [PDF, 194 KB]

    Contract / Respondent engaged Applicant to print 100 copies of a book / Internal cover page printed as book’s main cover / Respondent paid for 10 copies, returned and refused payment for remaining 90 copies / Applicant claimed $1,148.47, being the unpaid invoice amount plus contractual interest charges / Held: books were printed and supplied in accordance with the contract / books were consistent with the quotation in terms of number of pages and with the final proof the Respondent approved / Respondent liable to pay invoiced amount / Claim allowed, contractual interest not awarded / Respondent ordered to pay Applicant $1044.75, Applicant ordered to deliver remaining books to Respondent

  14. NT v HS [2020] NZDT 1312 (21 October 2020) [PDF, 270 KB]

    Consumer Guarantees Act 1983 / Applicant purchased racehorse from Respondent via an online auction / Horse was found to be lame after delivery to Applicant and took time to recover / Although Applicant took a chance purchasing an older racehorse he could reasonably expect that the horse would have feet in rideable condition / Extent of issues with the horse must have related to a pre-existing condition at the time of sale / Applicant claimed refund costs plus remedial costs or, alternatively, remedial costs plus training fees to bring horse back into work / Held: Consumer Guarantees Act 1983 applies to sales by auction / The horse recovered and is of acceptable quality / The applicant was not in trade and the Respondent could not contract out of the Consumer Guarantees Act 1983 therefore it covers the state of lameness on arrival of the horse / Claim allowed / Respondent ordered to pay applicant $742.00.

  15. TB v DF Ltd [2020] NZDT 1370 (9 October 2020) [PDF, 227 KB]

    Contract / Breach of contract / Consumer Guarantees Act 1993 / Applicant paid $885.54 for two tickets to an Elton John concert / Applicant attended concert / Performer had walking pneumonia so could only play 14 of his 24 playlist / Respondent was promoter of concert / Applicant claimed partial refund of $440.00 for the concert tickets / Whether there was a breach of contract / Whether Applicant was entitled to a remedy / Held: Respondent knew before concert that Elton John was unwell / Concert should have cancelled or postponed / Respondent chose to proceed so had to guarantee that the concert was reasonably fit for purpose and of a reasonable nature and quality / Respondent has breached guarantee and therefore contract / Highly unlikely reasonable person acquainted with Elton John’s condition would have purchased tickets to the concert / Applicant entitled to claimed amount / Respondent ordered to pay $440.00 to Applicant / Claim allowed

  16. IX Group Ltd v UU Ltd [2020] NZDT 1375 (8 October 2020) [PDF, 199 KB]

    Contract / Applicant engaged Second Respondent to provide platform for streaming services / Problems with platform / Applicant claimed for service costs and costs for getting platform operational / Second Respondent counterclaimed for outstanding service charges / Second Respondent contended that the platform was operational and instructions not followed correctly / Whether there was a breach of contract / Whether remedies were available / Held: issues related to slow internet connection and instructions incorrectly followed / No breach of contract by Second Respondent / Applicant breached contract by not making payments / Claim dismissed / Counter-claim granted / Applicant to pay Second Respondent $5,459.63 for outstanding invoices.

  17. OH Ltd v NI Ltd [2020] NZDT 1320 (30 September 2020) [PDF, 194 KB]

    Contract / Applicant supplied and maintained doors to a supermarket / Contract was originally with one company then interest transferred to Respondent / Contract ended and doors were removed by Applicant per contract / Costs for removal of doors in dispute / Applicant claimed Respondent responsible for costs of removal of doors under contract / Respondent claimed no proof of terms regarding removal in contract / Held: contract required Respondent to pay for removal of doors only where contract terminated due to breach by Respondent / Removal costs not recoverable as contract came to end when fixed term ended / Claim dismissed

  18. TN v JH and GG [2020] 1321 NZDT (14 September 2020) [PDF, 212 KB]

    Contract / Misrepresentation / Contract and Commercial Law Act 2017 / Applicants purchased a used car from the Respondents for $1800.00 / Respondents made misleading statements about condition of car in Facebook ad / Car could not obtain Warrant of Fitness without significant structural work / Estimated wreck value of car is $350.00 / Applicants claim a refund of the purchase price of the car / Respondents claim the car was sold “as is where is” / Held: Respondents misrepresented the car / Contract and Commercial Law Act 2017 provides some protection for purchasers of goods in private sales / Applicants have suffered a loss / Claim allowed, Respondents ordered to pay Applicants $1450.00.

  19. TT v KU [2020] NZDT 1324 (9 September 2020) [PDF, 230 KB]

    Consumer Guarantees Act 1993/ Applicant bought a pony from Respondent / Pony bolted, bucked and exhibited dangerous behaviour contrary to advertisement about being easy to ride / Applicant claims pony not suitable to be ridden by daughter, requests refund of purchase price and to return pony to Respondent / Respondent claims pony as described in advertisement and issues were due to manner Respondent maintained, rode, or fed pony / Held: pony sold in trade therefore subject to guarantees under CGA / Pony not of acceptable quality / Applicant not able to reject pony as outside reasonable time to do so and had been returned to Applicant / Claim allowed / Respondent ordered to pay Applicant $5320.00 / Applicant may keep or sell pony

  20. OX v ST [2020] NZDT 1368 (8 September 2020) [PDF, 205 KB]

    Easements / Property Law Act 2007 / Applicant and Respondent shared a driveway / Applicant said driveway required urgent maintenance and sought half the cost from the Respondent / Respondent disputed work was required / Both parties engaged lawyers / Respondent counterclaimed for his lawyer’s fees / Whether Tribunal had jurisdiction to hear the claim / Held: under the Act the District Court had jurisdiction to hear and determine disputes concerning easements / Tribunal had no jurisdiction to hear and determine Applicant’s claim / Respondent’s costs claim struck out / Claims struck out.

  21. TN v LI [2020] NZDT 1325 (11 August 2020) [PDF, 215 KB]

    Contract / Applicant rehomed cat using agency / Respondent fostered cat prior to committing to full adoption / Applicant sought return of cat due to concerns about Respondent / Respondent refused to return cat after deciding to adopt it / Applicant filed claim seeking return of cat / Held: law of contract applies though no written agreement between parties / Held: parties agreed to terms including Respondent taking cat as foster arrangement, adopting if arrangement worked / Held: Applicant not entitled to demand return of cat or visitation rights / Claim dismissed / Respondent ordered to pay Applicant $250.00 / Ownership of cat vested in Respondent.

  22. BT v DC [2020] NZDT 1334 (10 August 2020) [PDF, 200 KB]

    Quasi-contract / Applicant paid the sum of $3,580.00 to a friend for him to hold on her behalf / Account to which money was transferred was joint account with Respondent / Respondent claimed she thought money was wage subsidy payment and transferred it to her account / Respondent subsequently returned $1,900.00 to friend and used remainder of money to pay off credit card / Applicant seeks payment of the balance of $1,680.00 / Tribunal has jurisdiction in quasi-contract despite nocontractual obligation between parties or no physical damage to property / Quasi-contract arises when one party said to be unjustly enriched at the expense of another and is required as if there was a contract to make restitution to injured party / Held: Respondent liable to return money / Held: when Respondent transferred funds to her account she knew they belonged to Applicant therefore Respondent cannot claim funds received and used in good faith / Claim allowed / Respondent ordered to pay Applicant $1,680.0...

  23. QC Ltd (in liquidation) v WD Ltd [2020] NZDT 1326 (4 August 2020) [PDF, 213 KB]

    Contract / Applicant contract with Respondent to undertake building work / Applicant went into liquidation / Director of Applicant continued building work as sole trader / Director invoiced Respondent for work done pre-dating liquidation / Respondent paid Director for that work / Applicant claims payment should have been made for that work direct to Applicant / Respondent claimed costs of the proceedings / Held: contract was between Applicant and Respondent / Held: payment to Director did not amount to payment to Applicant for amount owed / Applicant entitled to payment but it is reasonable to share responsibility of payment / Claim allowed / Respondent ordered to pay $800.00 to Applicant / Counter claim not allowed / Respondent not entitled to costs