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1722 items matching your search terms

  1. LD v EQ [2023] NZDT 522 (25 September 2023) [PDF, 188 KB]

    Negligence / Large tree fell from Respondents’' property into Applicant's property / Applicant's insurance policy paid out on the damage and removal of tree from damaged property / Applicant claims cost of remainder being removed, repairs to uninsured car, and kauri tree replacement / Whether Respondents negligent in the care of the tree / Insufficient evidence that Respondents' were negligent in the care of the tree / Claims fail as a result / Claim dismissed

  2. J Ltd v UX [2023] NZDT 506 (25 September 2023) [PDF, 179 KB]

    Contract / Applicant provide training services and courses in psychological first aid / Applicant contacted Respondent and offered its service to develop psychological first aid course / Applicant delivered pilot course after which Respondent decided not to offer the course to its members and staff / Applicant claimed $16,468.28 compensation for time and intellectual property / Held: Applicant unable to prove on balance of probabilities that it was engaged by Respondent to provide an agreed amount of future courses / Applicant not entitled to compensation for costs claimed / Disputes Tribunal unable to award costs to compensate for use of intellectual property due to lack of jurisdiction / Claim dismissed.

  3. KG v P Ltd & DX [2023] NZDT 509 (25 September 2023) [PDF, 194 KB]

    Contract / Contract and Commercial Law Act 2017 / Applicant bought electric scooter from Second Respondent / Applicant brought electric scooter to First Respondent for repairs / First Respondent seized scooter as it said it were the lawful owner / Scooter had been fraudulently bought before reselling it to Applicant / Applicant claimed for refund of purchase price / Held: Second Respondent not the lawful owner of scooter and had no right to sell it / Second Respondent breached implied condition of sale and Applicant unable to enjoy quiet possession / Claim against First Respondent withdrawn / Second Respondent ordered to pay Applicant $3,000 / Claim allowed.

  4. KD & KX v B Ltd [2023] NZDT 533 (21 September 2023) [PDF, 184 KB]

    Contract / Consumer Guarantees Act 1993 / Applicants missed flight / Applicants claim for the cost of new airline tickets and for a hotel / Held: respondent took reasonable steps to notify applicants about updated departure time / Respondent made two announcements directing applicants to go to the gate / Respondent sent message to applicant / Respondent phoned applicant’s travel agent who called applicant / Respondent sent staff to look for applicants but did not find them / Outcome: claim dismissed

  5. SC v OX [2023] NZDT 548 (21 September 2023) [PDF, 108 KB]

    Contract / Applicant moved into flat and signed flat sharing agreement / Respondent was head tenant / When Applicant moved out, there was a dispute about what he owed for bills / Applicant claimed Respondent initially offered to refund $764.90 from $1000.00 bond, retaining the rest to cover bills / Applicant claimed after he disputed bill calculation, Respondent additionally claimed half of rent for empty room for six weeks, $810.00 / None of the bond was refunded due to dispute / Respondent counter-claimed $251.52 as per the flat sharing agreement /  Held: Applicant not entitled to pay additional rent as it was claimed retrospectively  / Respondent entitled to $363.56 for shared flat bills / Respondent ordered to pay Applicant remaining $636.44 / Claim allowed.

  6. O Ltd v B Ltd [2023] NZDT 480 (21 September 2023) [PDF, 235 KB]

    Contract law / Applicant to carry out manufacturing work for Respondent / Respondent offered to sell its rug business to the Applicant but the Respondent declined / Respondent sold those assets to a third party and engaged the third party to do manufacturing work which the Applicant had been doing for the Respondent / Applicant claims compensation for work it would have had if Respondent had not gone out of business / Held: By giving manufacturing work to a third party, Respondent was in breach of its contractual obligations to the Applicants / Claim allowed, Respondent ordered to pay Applicant $8,434.00 as compensation.

  7. M Ltd v ON [2023] NZDT 389 (21 September 2023) [PDF, 113 KB]

    Contract / Misrepresentation / Contract and Commercial Law Act 2017 / Applicant purchased second-hand digger from Respondent for $6,500.00 / Respondent claimed it had been serviced regularly / After purchase, Applicant arranged for mechanic to inspect / Several defects found and costs for servicing came to $6354.30 / Applicant claimed $5,000.00 towards repair costs as digger was not in reasonable working order and Respondent misrepresented it at time of sale / Applicant claimed digger’s value should have been $1,500.00 / Respondent claimed his comments about condition of digger were made honestly / Held: Applicant entitled to some compensation as digger not as described by Respondent / Work done by mechanic was extensive and considerably improved digger, which was old when Applicant brought it / Applicant’s decision to spend $6,534.30 on repairing machine, known to be old and well used, that was purchased for $6,500.00 questionable / Applicant has not provided any objective evidence th…

  8. TT v UN [2023] NZDT 439 (21 September 2023) [PDF, 160 KB]

    Contract / Property / Applicant purchased house from Respondent / Following pre-settlement inspection Applicant sent list of issues to Respondent / Issues disputed and settlement proceeded / Applicant claimed $4,850 for attending to various items / Respondent counterclaimed for time off work responding to claim, and filing fee / Held: Any water leaking from connection points is at a very minor level / Hot water connection in laundry not in reasonable working order at settlement / Rangehood in reasonable working order / Insufficient evidence to prove there was a problem with the toilet / Respondent ordered to pay applicant $20 for breach of vendors’ warranty / Claim allowed in part / Counterclaim dismissed.

  9. NC v NO [2023] NZDT 544 (20 September 2023) [PDF, 122 KB]

    Contract / Misrepresentation / Applicant purchased vehicle from Respondent for $9,750 / During test drive, radio and rear-view camera electronics not working / Respondent informed Applicant he had ordered module that would fix electronic defects, would supply to Applicant when it arrived, installation would cost $250 / Applicant also noticed tow bar missing, Respondent said he would supply one / Respondent never supplied module or tow bar, avoided Applicant’s efforts to follow up / Applicant claimed $3,622.50 replacement cost of module, $507 for actual installation cost, and $120 for tow bar / Held: Applicant purchased vehicle in reliance on Respondent’s representations / Applicant entitled to claimed amounts / Respondent ordered to pay Applicant $4,249.50 / Claim allowed.

  10. MW & NW v SL & TE [2023] NZDT 510 (20 September 2023) [PDF, 217 KB]

    Contract / Property / Applicant bought property from Respondent and subsequently discovered pin hole leak causing hot water to break down / Applicant believed Respondent obliged to pay entire cost of repair pursuant to terms of sale and purchase contract / Applicant claimed $3,220.37 cost of replacing hot water system / Held: cause of breakdown most likely pre-existing at time of settlement / Respondent required to repair or replace hot water system / Lack of knowledge or fault does not relieve vendors of liability / Respondent ordered to reimburse 85% of expense / Respondent ordered to pay Applicant $2,737.31 / Claim allowed.

  11. BI v H Ltd [2023] NZDT 497 (20 September 2023) [PDF, 94 KB]

    Negligence / Duty of care / Applicant disembarked train and was walking towards a footpath between parked cars / Applicant tripped on the drawbar of a parked trailer owned by Respondent / Applicant injured his wrist and head and broke his glasses / Applicant claimed Respondent owed a duty of care to warn people of the existence of the trailer drawbar resting on the concrete / Applicant claimed for replacement cost of glasses / Held: trailer was of reasonable size and could be clearly seen / Respondent entitled to park trailer in the carpark / Respondent did not owe Applicant a duty of care to hazard mark the trailer drawbar / Claim dismissed.

  12. QD v L Ltd [2023] NZDT 551 (19 September 2023) [PDF, 198 KB]

    Contract / Consumer Guarantees Act 1993 / Respondent cancelled Applicant’s booking on its ferry / Applicant claimed compensation for $3,297.06 for losses which he said resulted from the cancellation / Held: Respondent entitled to vary the service provided but not to terminate the contract altogether/ Respondent wrongfully repudiated the contract by doing so / Service provided by Respondent was not fit for purpose / Applicant had a duty to mitigate loss / Some of the mileage and accommodation costs claimed by the Applicant were not reasonably foreseeable / Compensation of $1,200.00 reasonable, covers reasonable cost of airfares and a contribution towards storage or parking costs / Respondent ordered to pay $1,200.00 / Claim allowed in part.

  13. HE v G Ltd [2023] NZDT 500 (19 September 2023) [PDF, 185 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant booked holiday for himself and his wife with Respondent / Applicant’s wife had medical needs / When they arrived at holiday location they were informed that the hotel they booked was unavailable / Instead they were booked at a different hotel further away from their chosen location which did not meet their needs/ Applicant claimed $5,394.08 refund for return airfares and accommodation / Held: Respondent did not complete the service with reasonable care and skill / Respondent failed to notify Applicant of hotel change / Applicant lost the opportunity to change travel plans / Alternative accommodation booked by Respondent was not fit for purpose due to Applicant’s wife medical needs and location of hotel / Respondent ordered to pay $5,394.08 / Claim allowed.

  14. SX v A Ltd [2023] NZDT 462 (19 September 2023) [PDF, 204 KB]

    Supply / Consumer Guarantees Act 1993 / Applicant had a new house built by Company 1 trading under another name / Company 1 was subsequently removed from the Companies Register and Company 2 began trading under the name / Respondent eventually took over Company 2 / In 2015, the Applicant contacted company 2 after all three basins in their home developed cracks / Respondent said it had no liability for homes built by previous companies, but contacted the original building supplier to see if they could assist the Applicant / Applicant claims $1700+GST for cracks in the replacement basin / Respondent claims they did not supply the replacement basins thus are not liable / Held: insufficient evidence Respondent supplied or became a supplier of Applicant’s basins / Claim dismissed.

  15. CL v Q Ltd & WN [2023] NZDT 448 (19 September 2023) [PDF, 119 KB]

    Insurance / Applicant had boat accident and lost one of his hearing aids and other was damaged / Applicant had purchased hearing aids for $12,000.00 / Applicant filed an insurance claim seeing replacement cost of hearing aids / Insurance claim was declined by Second Respondent insurer / Applicant sought $5,000.00 / Held: Hearing aids not analogous with personal effects such as water skis / Hearing aids were in the category of personal electronics / Policy did not cover loss of Applicant’s hearing aids / Second Respondent entitled to decline claim / Claim dismissed.

  16. LN v N Family Trust and others [2023] NZDT 503 (18 September 2023) [PDF, 251 KB]

    Tort / Property / Nuisance / Trespass / Fencing Act 1978 / Applicant and Respondent are neighbours and there is no fence between their properties / Applicant would like a fence on part of the boundary between two properties and to build a bank / Applicant claimed Respondent liable to pay cost of retaining bank, legal fees and other costs incurred / Held: Applicant withdrew claim in relation to bank / Applicant and Respondent liable to pay half of additional cost associated with building small retaining wall / Applicant to organise construction of fence near portion of boundary between two properties / Respondent not liable to make any payment for any other costs or damages to Applicant / Respondent ordered to pay Applicant $2,688.32 / Claim allowed in part.

  17. T v C Ltd v IQ & LQ [2023] NZDT 230 (18 September 2023) [PDF, 185 KB]

    Contract / Applicant made booking to rent second respondent’s bach through first respondent / Booking later cancelled / First respondent accepted cancellation and refunded cleaning cost but retained booking fee and accommodation deposit / First applicant was contracting party in the rental agreement / Held: Applicant entitled to refund from first respondent / Second respondents not liable to repay any accommodation costs / First respondent ordered to pay $1469.10 to Applicant / Claim allowed.

  18. TC & UD v D Ltd [2023] NZDT 406 (15 September 2023) [PDF, 188 KB]

    Contract / Damages / Respondent installed ducted heat pump in Applicant's home / Applicant noticed water pooling on carpets / Investigations revealed water coming from condensation drain pipe which had come loose from internal heat pump unit / Applicant claimed $10,879.41 for repair costs / Held: pipe would not have come loose easily if it had been properly glued into place / Respondent liable for damage resulting from leak / Applicant unable to provide satisfactory quotation for repair costs / Respondent ordered to pay Applicant $768.70 / Claim allowed in part.

  19. D Ltd v AB [2023] NZDT 473 (15 September 2023) [PDF, 176 KB]

    Negligence / Vehicle collision / Land Transport Act 1988 / Land Transport (Road User) Rule 2004 / Applicant and Respondent involved in vehicle collision / Applicant and its insurer claimed $30,000 for damages to vehicle, including uninsured losses $2,640.99 / Held: Respondent responsible for crash by failing to give way at roundabout / Repairs claimed for damage to Applicant's vehicle supported by invoices provided /  Towing and rental costs reasonable but are unable to be claimed as it exceeds the Disputes Tribunal's $30,000 limit / Claim allowed.

  20. H Ltd v TB [2023] NZDT 452 (15 September 2023) [PDF, 174 KB]

    Contract / Contract and Commercial Law Act 2017 / Car dealer Applicant paid $2,000 to Respondent for a car / Respondent agreed to deliver car but instead sold the car to someone else / Respondent refunded half of the purchase price only /  Applicant claimed $4,900.00, representing average market value less the $1,000.00 refunded / Held:  no binding settlement agreement / No evidence that Applicant had a resale arranged for the car or had a particular need for car make /  Flexibility for Applicant to find a comparable resaleable car / Applicant provided a valuation showing that the lower end of the market for that particular car was around $4,500.00 / Applicant could source something comparably saleable for around $4,000.00 / Applicant’s loss due to non-delivery was $2,000.00 / Appropriate to add $2,000.00 to the $1,000.00 unpaid balance of the refund / Respondent ordered to pay $3,000.00 to Applicant / Claim allowed.

  21. DM & ND & TM v NN & F Ltd [2023] NZDT 440 (15 September 2023) [PDF, 200 KB]

    Respondent leased commercial premises from applicant family trust / Respondent business struggled during covid / Despite some rent relief it had rent arrears / Arrears not paid / No agreement about ongoing use of premises / Respondent stayed in downstairs area but used toilets upstairs / Applicant claims for rent arrears and reinstatement costs for fluorescent lighting tubes / Applicants total claim is $15,735.47 / Respondent counter claims for spending on stock and increased business costs on basis applicant encouraged them to stay in business / Respondent says covid rent-relief should have been higher, and that there were significant roof leaks / Held: 20% reduction for leaking is appropriate / Respondent liable for lighting tubes / Trust not liable to pay business losses / Outcome: claim allowed, respondent liable to pay $13,464.22

  22. L Ltd v CT [2023] NZDT 229 (15 September 2023) [PDF, 90 KB]

    Contract / Tort / Applicant booked restaurant for event / Respondent then cancelled venue hire / Applicant claims return of $8,635.00 paid to restaurant / Applicant also claims against Respondent in negligence, claiming his failure to adequately arrange hire led to financial loss / Upon investigation, there appears to be no such restaurant / Applicant claims Respondent is owner of Restaurant / Respondent states they are just employee / Held: tribunal is unable to determine in what capacity the Respondent is involved with restaurant / Respondent cannot therefore be held personally liable under contract / Tribunal does not have jurisdiction to decide on Applicant’s negligence claim / Claim dismissed.