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1722 items matching your search terms

  1. BG v TQ Ltd [2023] NZDT 145 (3 July 2023) [PDF, 175 KB]

    Contract / Applicant parked in Respondent’s carpark without paying fee / Respondent issued Applicant with breach notice charging them $65.00 / Applicant paid $1.50, being fee for 1 hour of parking / Applicant claimed fee was unenforceable penalty / Held: fee was enforceable penalty / fee was reasonable to protect legitimate interests of Respondent / Applicant to pay Respondent $63.50, being $65.00 fee minus $1.50 already paid / Claim dismissed.

  2. BS v O Ltd [2023] NZDT 168 (3 July 2023) [PDF, 101 KB]

    Contract / Applicant took boat to Respondent for maintenance / Boat needed plank for repairs / Plank purchased and stored by Respondent / Applicant paid for plank / Applicant later decided to sell boat and not proceed with repair / Respondent sent invoice for 4-years’ storage of plank / Applicant claimed should not have to pay $468 storage fee / Held: no agreement that Applicant would pay for storage / Quasi contract imposed / Respondent did not expect to charge storage fee / Respondent stored plank in expectation of future work / Applicant received benefit from storage / Applicant liable for storage costs / Fee reduced by half to account for periods when Respondent shut down due to COVID-19 or could not accommodate Applicant, possibly increasing storage period / Claim allowed in part.

  3. KI & GI v Q Ltd [2023] NZDT 152 (3 July 2023) [PDF, 226 KB]

    Consumers Guarantees Act 1993 (CGA) / First Applicant bought CV joints from Respondent to install in a vehicle owned by Second Applicant / Respondent stated that Applicant could use the CV joints for Applicants motor vehicle / Second Applicant took motor vehicle to a mechanic who stated that CV joints were an incorrect fit for the motor vehicle / First Applicant claimed $1999.00 for the cost of the mechanics invoice / Held: CV joints were not reasonably fit for purpose / Respondent did not carry out services with reasonable care and skill / Applicants awarded partial refund / Respondent ordered to pay $678.13, Claim allowed.

  4. XD v KA [2023] NZDT 348 (30 June 2023) [PDF, 193 KB]

    Contract / Applicant bought a fish online / Applicant claimed fish received was inferior to one he thought he was purchasing / Respondent denied selling Applicant fish / Later Respondent claimed he was acting on behalf of another to sell fish to Applicant / Applicant sought a replacement fish or to return fish and obtain a full refund / Held: evidence indicated Applicant was involved in the transaction / Contract was breached by Respondent failing to send a particular fish species / Applicant had fish for more than six months / Restricted circumstances where contracts for sales of goods can be cancelled / Applicant entitled to $1,500.00, difference between what he paid and value of fish received / Claim granted in part.

  5. FL v C Ltd [2023] NZDT 248 (30 June 2023) [PDF, 185 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant contracted Respondent to make six bridesmaid dresses for $250.00 / Only four of the dresses were worn at the wedding / Applicant claimed dresses were poorly made and sought refund for all dresses, altercations costs and two replacement dresses / Held: Applicant failed to prove that  the dresses were defective or could not be remedied / Alterations were expected and formed part of the contract / Measurements were provided by bridesmaids / No evidence from Applicant to indicate dresses did not match measurements provided / Dresses sent to Respondent for alterations were pinned by the bridesmaids where the alterations were required / Applicant failed to provide any evidence of third-party alteration expenses or for two alleged replacement dresses / Claim dismissed.  

  6. BU v NPU [2023] NZDT 327 (30 June 2023) [PDF, 244 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant organised a camp at a location run by the Respondent / Applicant claimed they experienced a series of incidences where Respondent’s staff were disrespectful and unprofessional during their stay / Applicant also stated that the Respondent’s manager drove in an unsafe manner / Further, Applicant said they were denied access to the bathroom facilities because a motion sensor light was not turned on / Applicant sought a $3,900.00 reduction of the balance they owed Respondent / Held: Respondent’s manager said circumstances meant he had to act urgently / Imminent risk of people being struck by tree or falling off a truck / No reasonable loss that can be claimed on bathroom access issues / Aggrieved parties also have a duty to mitigate any losses they claim / No award can be given under legislation for speaking disrespectfully / Applicant not proven that service provided by Respondent was inadequate or not fit for purpose / Not proven that R…

  7. BT v T Ltd [2023] NZDT 274 (30 June 2023) [PDF, 176 KB]

    Contract / Consumer law / Consumer Guarantees Act 1993 / Applicant purchased phone from Respondent / Phone was faulty / Applicant was informed he was entitled to replacement, but when phone was sent back to Respondent, it was repaired instead of replaced / Phone still faulty when returned to Applicant / Phone sent back again, but Respondent refused to replace it, saying it had been repaired / Applicant did not see phone again / Applicant claimed $1469.30 refund plus $500 for inconvenience / Held: Respondent breached own terms and conditions by failing to provide replacement phone / Respondent also breached Consumer Guarantees Act by failing to repair phone within reasonable time / Replacement phone no longer of any use to Applicant, who had to purchase another phone in meantime / Damages for inconvenience not available / Respondent ordered to pay Applicant $1469.30 / Claim allowed.

  8. MN v TG [2023] NZDT 141 (30 June 2023) [PDF, 209 KB]

    Consumer Law / Misrepresentation / Applicant bought car from Respondent / Respondent made three representations regarding car that it drives great, has no panel damage and that the odometer reading was 130,000 km / Applicant claimed compensation for misrepresentation / Held: Applicant successful in showing misrepresentation relating to exterior condition of car and odometer reading / Respondent ordered to Pay applicant $865.18 / Claim allowed.

  9. EO v UO & U Ltd [2023] NZDT 257 (30 June 2023) [PDF, 112 KB]

    Consumer law / Consumer Guarantees Act 1993 / Applicant took campervan to Respondents for WOF / Respondents issued WOF / Applicant sold campervan for $19,800 / Purchaser took campervan for further WOF, extensive problems discovered, WOF not issued / Purchaser took action against Applicant in separate Disputes Tribunal claim, Applicant ordered to pay $17,066 in damages for repairs / Applicant now claimed $17,286 from Respondents, being reimbursement of damages order, $40 WOF fee, and $180 filing fee / Respondents acknowledged WOF should not have been issued / Held: insufficient evidence that WOF issued by Respondents directly resulted in campervan’s reduced value / Applicant’s loss not result of Respondent’s error, therefore not entitled to reimbursement of damages order / Costs award not available / Applicant entitled to reimbursement of WOF fee / Respondent ordered to pay $40 to Applicant / Claim granted in part.

  10. AU v E Ltd [2023] NZDT 253 (30 June 2023) [PDF, 91 KB]

    Contract / Applicant brought bendy bus from Respondent / Parties agreed that Respondent would do repairs so bus could get a certificate of fitness (COF) / Respondent obtained a list of required works / Applicant paid $10,000.00 deposit / On completion Respondent asked for $15,000 towards COF costs / Applicant claimed they agreed on $5,100 provided invoices were provided to support cost of materials / Applicant claimed $10,000 for deposit / Respondent counterclaimed $15,000 for repair costs / Held: parties had a binding contract / Respondent breached contract by not providing invoices / No evidence parties agreed Applicant would pay $15,000 for repairs / Respondent ordered to pay Applicant $10,000.00 / Claim granted and counterclaim dismissed.

  11. HJ Ltd v OI [2023] NZDT 140 (30 June 2023) [PDF, 154 KB]

    Tort / Conversion / Duty of care / Negligence / Applicant leased property adjacent to Respondent / Both parties conducted small scale farming type activities / Respondent vacated land and took 90 sheep / Applicant claimed value of 16 sheep from Respondent / Held: Applicant failed to establish on balance of probabilities that Respondent took Applicant's sheep / Applicant unable to prove Respondent is responsible for Applicant's loss / Claim dismissed.

  12. ZG v DD Ltd & GT [2023] NZDT 119 (30 June 2023) [PDF, 118 KB]

    Negligence / Vicarious liability / Respondent crashed company van into Applicant’s backyard / Applicant claimed $13,340.00 in damages from Respondent's employer and Respondent / Held: Respondent was liable to compensate Applicant for damage / Respondent's employer was not vicariously liable for damage / Respondent was not working or authorised to use the vehicle at the time of the incident / Respondent liable for $13,340.00 / However, as Respondent's employer voluntarily agreed pay $1000.00 to Applicant, it must do so / Respondent ordered to pay remaining $12,340.00 to Applicant / Claim granted.

  13. SW v IA [2023] NZDT 363 (28 June 2023) [PDF, 92 KB]

    Contract / Misrepresentation / Contract and Commercial Law Act 2017 / Applicant purchased two home security cameras from Respondent / After three months, cameras’ free cloud storage expired, storage could only be accessed for yearly subscription fee of $73 / Applicant claimed Respondent had told him cloud storage would be free for cameras’ lifetime / Applicant claimed refund of $250 purchase price / Held: Applicant did not establish Respondent represented cameras would have free lifetime cloud storage / Claim dismissed.

  14. AZ v S Ltd [2023] NZDT 268 (28 June 2023) [PDF, 179 KB]

    Contract / In May 2021, Applicant engaged Respondent as her property manager for her house while she was overseas / Property was tenanted until 4 July 2022 / After tenants moved out Respondent and Applicant’s friend carried out a final inspection / Cleaner was then engaged who discovered leak in the kitchen / Leak caused damage to kitchen which required extensive repairs / Only $3,000.00 of repair costs could be covered by Applicant’s insurer, as damage was deemed to be gradual / When Applicant returned to New Zealand she was unable to live in her home due to damage /  Applicant claimed $19,722.00 for repairs and rental costs / Held: Respondent breached contract by failing to do inspections prior to April 2022 / No evidence that leak existed or was discoverable in April 2022 / Final inspection and discovery of leak was less than three months later / Inspections were only contracted to be quarterly / Respondent not responsible for any damage that occurred between April and July 2022 / F…

  15. KM v LK [2023] NZDT 255 (28 June 2023) [PDF, 96 KB]

    Contract / Disputes Tribunal Act 1988 / Applicant booked Respondent makeup artist for her wedding / Respondent got sick and was unable to provide make up services / Respondent arranged an alternative artist as per agreed contract / Applicant did not want replacement artist / Applicant sought a refund / Respondent counterclaimed for loss of earnings due to attending Tribunal hearing / Held: Applicant not entitled to a refund as she agreed to a replacement artist in the contract / Respondent not entitled to loss of earnings as very limited circumstances in  which costs can be awarded / None of those circumstances applied / Claim and counterclaim dismissed.

  16. EQ v F Ltd [2023] NZDT 175 (27 June 2023) [PDF, 149 KB]

    Consumer law / Consumer Guarantees Act 1993 / Applicant purchased treadmill from Respondent / Treadmill required repair which Respondent addressed / Dispute arose about repair invoice / Applicant claimed order of non-liability to pay $427.50 repair invoice and cancel contract for full $3,025 refund / Held: treadmill was of acceptable quality / Applicant did not maintain treadmill properly voiding warranties / Respondent did not breach implied guarantee of acceptable quality / Applicant not entitled to cancel contract / Applicant liable to pay repair invoice / Applicant ordered to pay Respondent $427.50 / Claim dismissed.

  17. KL v LT [2023] NZDT 244 (26 June 2023) [PDF, 196 KB]

    Contract / Applicant said he paid the Respondent $12,676.00 as an interest free loan / Applicant said there was a verbal agreement that the Respondent would pay the money back / Applicant sought an order that the Respondent was liable to pay back the money / Respondent claimed there was no verbal agreement, and it was a gift / Held: no contract between the parties / Insufficient evidence to prove it was a loan and not a gift / Claim dismissed.

  18. NS v OA Ltd [2023] NZDT 110 (26 June 2023).pdf [PDF, 180 KB]

    Consumer Guarantees Act 1993 / Applicant purchased vacuum cleaner from the Respondent with five-year warranty / Applicant returned vacuum to Respondent after it stopped turning on / Applicant claims $2,300 for the vacuum price and tribunal filing fee / Respondent claims they are not liable due to repairer report identifying liquid damage / Held: Respondent is not liable as the damage indicates the Applicant likely used vacuum in a manner inconsistent with its purpose / Disputes Tribunal application is not recoverable except in exceptional circumstances which do not apply here / Claim dismissed. 

  19. LU v C Ltd [2023] NZDT 182 (25 June 2023) [PDF, 211 KB]

    Contract / Applicant engaged Respondent to carry out decking work and extra work for $13,028.10 / Applicant paid $11,000 / Applicant raised concerns that she had been overcharged / Applicant claimed $2,761 refund / Held: Respondent provided estimate to Applicant and price on document calculated incorrectly / Amount invoiced more than should have been charged / Applicant's current payment a fair contribution and Applicant no longer liable to pay any further money / Respondent not entitled to the balance of its invoice / Claim dismissed.

  20. E Ltd v DM & KA [2023] NZDT 483 (23 June 2023) [PDF, 145 KB]

    Contract / Applicant claimed Respondents requested help to purchase car and promised to pay money back / Applicant applied for finance company loan to purchase car / Purchase price was $41,000.00, and deposit of $16,500.00 was paid / Amount of loan to Applicant was $27,560.64 plus interest / One Respondent left both keys in car and notified other Respondent / Respondents later reported the car stolen by one of Applicant’s staff / Applicant denied any of its staff took the car / Respondents stopped making payments but Applicant paid loan off / Applicant claimed $26,263.45 for outstanding balance and related costs / Held: Respondents agreed to pay Applicant for car based on texts, voice messages, and payments made / No evidence Applicant’s staff stole car / Disappearance of car did not excuse Respondents from paying Applicant / Respondents liable for amount of loan and related costs less the $2,296.72 instalments / Respondent ordered to pay $26,263.45 / Claim allowed.