Disputes Tribunal of New Zealand

Contract / Consumer Guarantees Act 1993 / Applicant engaged Respondent to book a flight to India / Applicant booked a flight that they believed did not require a transiting visa, as advised by the Respondent /  At the transiting destination he was stopped from boarding his flight as he did not have a transit visa / Applicant is seeking $3,6611.91 from Respondent for a replacement flight / Held: the advice from the Respondent was incorrect and induced the Applicant into buying the flight ticket / Respondent could have chosen a cheaper flight home so is therefore entitled to $3,050.00 / Claim partially granted. 

Contract law / Consumer Guarantees Act 1993 / Applicant bought washing machine from Respondent / Washing machine’s depth was 720mm, different from online description 650mm / Applicant sought to return machine but Respondent declined request / Applicant claimed purchase price $1394.35 plus $270 consequential losses / Held: Machine inaccurately described by Respondent / Applicant entitled to reject goods and receive refund / Respondent ordered to pay Applicant $1664.35 / Claim allowed.

Fair Trading Act 1986 / Applicant purchased a computer from Respondent / Respondent said there was an attack on supply and asked Applicant for more money / Applicant claimed refund / Held: Respondent misled Applicant regarding its ability and intention to supply product / Respondent ordered to pay Applicant $1,239.65 / Claim allowed.

Contract / Fair Trading Act 1986 / Contract and Commercial Law Act 2017 / Applicant purchased second-hand tractor from Respondent / Applicant disappointed with tractor's condition and engine hours / Applicant agreed with Respondent to return tractor for full refund / Respondent agreed to refund original freight cost of sending tractor to Applicant, but did not agree to pay freight cost to return tractor to Respondent / Applicant claimed $1,380 for return freight cost / Held: there was misleading conduct by Respondent in advertising tractor's conditions and engine hours / Misrepresentation by Respondent induced Applicant into contract / Respondent ordered to pay Applicant $1,380 / Claim allowed.

Contract / Applicant purchased property from Respondent / Toilet overflowed when flushed and found that septic tank overflowing with sewerage / Applicant claimed cost to replace septic tank system and work performed to investigate fault / Held: sewerage disposal system not in reasonable working order on date of settlement in breach of vendor's warranties and undertakings / Applicant to be reimbursed for one third cost of least price to pay for new system / Respondent ordered to pay Applicant $8,908.83 / Claim partially allowed.

Contract / Applicant entered contract with Respondent to use Respondent's dog for breeding / Respondent agreed to pay $2,000 deposit with further $4,000 once pregnancy is confirmed and no puppy to be sold / Breach of contract would result in $25,000 penalty / Applicant claimed Respondent had not paid $4,000 as confirmation and sold at least two dogs / Held: Respondent breached contract / Applicant allowed to be compensated $11,000 for two dogs sold and $4,000 mating fee / Respondent ordered to pay Applicant $15,000 / Claim allowed.

Contract / Consumer Guarantees Act 1993 / Applicant contracted Respondent to provide guided trip for $2,000 / Applicant completed two days of training with Respondent and was assessed to be suitable to complete trip / During the trip, Respondent decided that the Applicant was not sufficiently confident or competent to continue / Applicant claimed $1,500 refund on basis that the Respondent did not give sufficient guidance, and shouted and swore at the Applicant / Held: Respondent failed to provide its service with reasonable care and skill / Applicant entitled to cancel contract and refund / Respondent ordered to pay Applicant $1,500 / Claim allowed.

Sale of Goods / Consumer Guarantees Act 1993 / Fair Trading Act 1986 / Applicant bought campervan from Respondent / Applicant damaged campervan and insured it / Insurer refused to pay all repair costs due to prior damage / Applicant claimed $17,896 payment of campervan / Held: Respondent misrepresented condition of campervan / Respondent ordered to pay Applicant $9,396 / Claim partially allowed.

Consumer Guarantees Act 1993 / Applicant bought a scooter from the Respondent / Scooter broke down three times after the purchase / Applicant claims the scooter is not of acceptable quality and seeks to return the scooter to the Respondent and obtain a full refund  / Respondent wishes to repair the scooter rather than refund the Applicant / Held: the faults with the scooter are substantial thus Applicant is allowed to reject the goods and receive a full refund  / Respondent must pay the Applicant $3690 / Claim allowed.  

Tort / Duty of care / Land Transport Act 1998 / Applicant and Respondent involved in car accident, neither accepting liability / Applicant claimed $8,080 for damages / Respondent counterclaimed $4,606.44 for damages through Insurer / Held: more likely than not that angle of impact in accident caused by Applicant / Applicant breached reasonable duty of care / Applicants ordered to pay Respondent's Insurer $4,606.44 / Claim dismissed.

Negligence / Respondent attended a party at Applicant’s house / Fight occurred and Respondent kicked in a pane of glass in Applicant’s front door / Chips of glass hit the TV screen causing damage / Applicant claimed $2,240.00 for damage / Whether costs were reasonable / Held: foreseeable that kicking the glass panel would damage the nearby TV / Applicant entitled to be restored to position before damage occurred / Reasonable compensation to replace the tv was $900.00 / Cost to repair glass pane was $239.30 / Respondent must pay Applicant $1,139.30 as compensation / Claim granted.

Contract /Contract and Commercial Law Act 2017 / Applicant contracted Respondent to provide marketing services / Relationship between parties broke down / Applicant claimed Respondent induced them to enter contract by misrepresenting expertise / Applicant claimed  Respondent breached terms of contract by not bringing expertise / Applicant claimed $30,000.00 / Respondent counterclaimed $10,675.53 for failure to make contracted payments / Held: Applicant failed to prove misrepresentation induced contract / Respondent did not breach terms of contract / Applicant breached contract by failing to make payments / Applicant to pay Respondent $8,418.54 / Counterclaim partially allowed.

Contract / Applicant purchased vehicle from Respondent in exchange for chainsaw and mobile phone / Applicant spent $983.49 for work to be done on vehicle / Respondent has not given Applicant the vehicle / Applicant claimed return of vehicle / Held: Applicant not the owner of vehicle / No written communication about sale of vehicle / Applicant paid for work on vehicle but has not received benefit / Respondent ordered to pay Applicant $983.49 / Claim partially allowed.