Disputes Tribunal of New Zealand

Tort / Negligence / Applicant lent dining table to Respondent / Applicant recovered dining table from Respondent / Applicant had table refinished for $1,995 and claimed for damages / Held: Applicant had not proven Respondent was negligent and caused damage to table / Respondent not liable for betterment of table / Claim dismissed.

Contract / Consumer Law / Consumer Guarantees Act 1993 (CGA) / Fair Trading Act 1986 (FTA) / Contract and Commercial Law Act 2017 / Respondents engaged Applicant’s architectural services / Applicant worked on project for around 15 months before Respondents cancelled contract / Applicant claimed $17,934.54 for unpaid invoices / Respondents counter-claimed $24,263.71 refund of invoices paid / Held: agreement was that Applicant would charge no more than $28,750 plus 20% for core services, additional services to be charged at hourly rate with approval / Applicant breached contract by not completing agreed work within agreed price / Applicant also breached CGA by not providing services with reasonable care and skill / Applicant did not deliberately underquote, was not in breach of FTA / Applicant’s work still of some value to Respondents, Respondents not entitled to full refund / Applicant ordered to pay Respondents $5,863.31 / Claim dismissed, counterclaim allowed in part.  

Negligence / Contributory Negligence Act 1947 / Land Transport Act 1988 / Land Transport (Road User) Rule 2004 / Parties involved in three-car collision / Applicant driving first car, stopped short of another collision ahead / Second car, driven by Third Respondent, shunted into Applicant’s car by third car, driven by First Respondent in course of employment for Second Respondent / Applicant and insurer claimed $2975.95 for insured losses from First and Second Respondents / Third Respondent and insurer claimed $25,597.26 for repairs and rental car from First and Second Respondents / Second Respondent claimed $19,000 from Applicant and Third Respondent for repairs to car driven by First Respondent / Held: First Respondent failed to allow enough time to stop, was responsible for collision / Second Respondent vicariously liable / First and Second Respondents ordered to pay Applicant and Third Respondent’s insurer total of $28,573.21 / Claim allowed.

Loan / Interest on Money Claims Act 2016 (IMCA) / Applicants advanced Respondent $13,609.00 / Applicants claimed advance was personal loan and should be repaid / Applicants claimed interest of 6.25% applied to loan / Held: evidence proved advance was personal loan / No evidence that 6.25% interest was term of agreement / Interest of 5% to apply from date of demand letter in accordance with IMCA / Respondent ordered to pay Applicant $14,073.19 / Claim granted in part.

Consumer law / Consumer Guarantees Act 1993 / Applicant engaged Respondent to engrave two antique watches / Both watches were damaged during engraving / Applicant claimed compensation for cost of repairing watches / Held: Respondent failed to use reasonable care and skill / Respondent was given reasonable opportunity to remediate defect, but no remediation was offered / Applicant entitled to have defect remediated elsewhere / Respondent liable for repair cost / Respondent still entitled to engraving fee / Respondent ordered to pay Applicant $625 / Claim allowed.

Contract / Applicants purchased a house from Respondent / After settlement, Applicants discovered toilet did not work properly /  Plumber found drain was blocked by tree roots / Applicants asked Respondent to pay for repairs / Respondent did not pay / Applicants claimed toilet repair costs of $607.89 and filing fee / / Held: more likely than not that Respondent was responsible for repair cost / Pipes had tree roots interfering with them which had to be removed before pipes could be repaired / Suggested problem with the toilet was imminent and not in reasonable working order / Respondent breached their obligation by not paying for repairs / Tribunal unable to award costs for filing fee / Respondent ordered to pay Applicants $607.89 / Claim granted.

Negligence / Respondent drove into parked cars while driving Applicant’s car/ Respondent advised afterwards that he did not have a driver’s licence /Applicant’s car was not drivable and had to be towed away / Car was written off / Applicant’s car was insured for $5,000.00 / Insurance company would not accept claim as damage occurred when car was driven by an unlicensed driver / Respondent accepted liability for damage and agreed to pay for it at a sum of $85.00 per week / Respondent paid $425.00 before payments stopped / Applicant claimed $5,500.00 for loss of insured value of car, $280 for towing fee and $180 Tribunal filing fee / Held: Respondent failed to take reasonable care whilst driving / Car insured for $5,000.00 which was reasonable estimate of value of car / Towing should be deducted from amount owing as offset by amount of selling car wreck / Amount paid by Respondent should be deducted too / Filing fee cost cannot be claimed in the circumstances / Respondent ordered to pay …

Contract / Contract and Commercial Law Act 2017 / Applicant and First Respondent had loan agreement / First Respondent’s car was security for loan / Car was stolen by third party, then sold to Second Respondent, who sent car to Third Respondent to be auctioned / Third Respondent contacted Applicant about security interest, Applicant said not to sell car / First Respondent defaulted on loan with Applicant / Applicant claimed for possession of car / Held: Car was stolen and sold to Second Respondent without First Respondent’s consent / First Respondent remained rightful owner, Second Respondent did not acquire any right to car / Applicant had valid security interest in car, was now entitled to possession / Claim allowed.

Contract / Consumer law / Consumer Guarantees Act / Respondent ordered firewood from Applicant / Firewood was delivered / Respondent did not pay invoice / Applicant attempted to follow up, received no response / Respondent emailed Applicant some 10 months later, acknowledging outstanding account and requesting revision of price, claiming firewood was wet / Applicant advised price could not be revised, given time passed / Applicant referred matter to debt collection agency / Applicant claimed $870 for firewood and $121.90 for debt collection costs / Held: no evidence firewood not of acceptable quality / Respondent obliged to pay for firewood / Terms of sale included clause that recovery costs would be added if account became overdue / Respondent liable for costs of debt collection / Respondent ordered to pay Applicant $991.90 / Claim allowed.

Contract / Applicant provided lawn moving services to Respondent / Applicant said he was only paid for 5 out of 6 moving services provided to Respondent / Respondent disputed as to whether Applicant in fact mowed lawn / Applicant claimed $80 which included $35 unpaid lawn moving services and $45 filing fee / Held: Respondent had not proved more likely than not that his business mowed lawns of Applicant / Disputes Tribunal filing fee cannot be claimed / Claim dismissed.

Consumer Law / Consumer Guarantees Act 1993 / Applicant engaged Respondent to provide and install flooring, paid 70% deposit / Sudden lockdown prevented work getting started / Some weeks after restrictions eased, Applicant had not heard from Respondent, requested Respondent get in touch / Respondent made contact following month, by which time Applicant had engaged another supplier / Applicant claimed $3417.97 refund of amount paid to Respondent / Held: Respondent’s three-month delay in contacting Applicant after restrictions eased was unreasonable, breached consumer guarantees / Applicant entitled to cancel contract and receive refund / Respondent ordered to pay Applicant $3417.97 / Claim allowed.

Animals / Applicant and Respondent lived in neighbouring units / Late 2022, litter of kittens was discovered at the property / Parties agreed Applicant would keep two of the kittens / Applicant cared for kittens / March 2023, kittens stopped returning home to Applicant for a couple of weeks / Kittens later returned but Applicant believed Respondent has been feeding them and letting them into her unit / Applicant sought Tribunal’s help to stop Respondent from looking after kittens / Held: Tribunal limited in type of orders it can make and cannot generally grant injunctive relief / No evidence that kittens had been harmed / No damages were awarded or sought / Respondent not detaining the kittens / Respondent acknowledged Applicant was rightful owner of kittens / Acknowledgement of ownership made.

Contract / Tenancy / Contract and Commercial Law Act 2017 / Applicant and Respondent lived together as flatmates and co-tenants / Respondent moved out before lease ended and stopped paying rent / Applicant claimed $15,000 for unpaid rent, expenses, damages for stress / Held: Respondent breached contract / Respondent obligated to pay until end of lease or until lease varied / Applicant made effort to minimise loss by finding new flatmate / Respondent ordered to pay Applicant $3,256.49 / Respondent's counter-claim dismissed / Claim allowed in part.