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342 items matching your search terms

  1. HLL Ltd v RO [2018] NZDT 1133 (6 July 2018) [PDF, 88 KB]

    Consumer Guarantees Act 1993 / Applicant carried out roofing work on building owned by Respondent / Respondent sought compensation for poor workmanship and damage to building / Applicant counterclaimed for amount outstanding / whether roofing work carried out with reasonable care and skill under s28 / whether failures substantial & if so, how much was owed under contract / Held: work did not comply with s28 as it was undertaken in a storm & was not completed to an adequate standard / failures substantial & resonable consumer test met / Respondent entitled to refund of labour & contribution to consequential loss / Applicant enitled to payment towards sums expended on material / Respondent ordered to pay $6,504.12 to Applicant / claim allowed

  2. FN v TMM Ltd & TM [2018] NZDT 1067 (6 July 2018) [PDF, 107 KB]

    Contract / passing of ownership / Contract and Commercial Law Act 2017 / Applicant advertised ice-cream machine on TradeMe / Respondent agreed to pay a non-refundable $500 deposit on machine and pay for transportation in order to inspect machine / parties agreed if machine passed inspection, Respondent would pay the remaining $6,500 for the machine / despite Applicant and Respondent’s agent damaged machine when loading it for inspection, machine taken to Respondent for inspection / due to damage, Respondent did not accept machine  / Applicant seeks remainder of purchase price and $180 for filing the claim with the Tribunal / Held: property in goods transfers on acceptance, per ss 144 and 146 of the Contracts and Commercial Law Act 2017 / parties agreed acceptance would occur if and when machine passed inspection /  / despite Respondent’s agent’s involvement in damage occurring to machine, risk passers with property, unless otherwise agreed, per s 148 / machine remained in Applicant’s r...

  3. GL v SOO Ltd [2018] NZDT 1093 (15 June 2018) [PDF, 116 KB]

    Consumer Guarantees Act 1993 / Applicant purchased a tent from Respondent to live in while new home built / minor defects in tent and size incorrectly stated on Respondent’s website / Applicant seeks to reject tent and receive a refund / no evidence that Applicant contributed to any damage to tent / Held: goods supplied by description are guaranteed to comply with that description / s 9, CGA / tent 23 per cent smaller than advertised / therefore, tent not compliant with description given and not of acceptable quality / as floor area of tent cannot be remedied, issue of whether tent defects were pre-existing or caused by Applicant does not need to be addressed for acceptable quality claim / insufficient evidence Applicant damaged tent after purchase / therefore, Applicant entitled to reject tent under s 20, CGA / claim allowed, Respondent ordered to refund $4850 to Applicant

  4. HK & KP v RPP Ltd [2018] NZDT 1133 (9 May 2018) [PDF, 74 KB]

    Contract / Building Act 2004 / Consumer Guarantees Act 1993 / Respondent installed cladding to Applicants’ home during its construction / Applicants claimed sealant used failed & required replacement / sealant used not the one specified in plans / whether respondnet breached performance obligation & if so, did that cause loss / Held: implied warranties under Building Act applied to work & work needed to comply with Building Code / sealant failed & Respondent in breach of implied warranties / loss related to remedial work to remove & replace sealant / Respondent ordered to pay Applicant $15, 000 / claim allowed.

  5. GJG ltd v SQS Ltd [2018] NZDT 1072 (26 April 2018) [PDF, 290 KB]

    Breach of Contract / Fair Trading Act 1986 / Contract and Commercial Law Act 2017 / Applicant offered Respondent Facebook marketing package over uninvited phone call / Applicant assured Respondent that fee of $99 plus GST was all Respondent would pay “today” for “ad creation” / Respondent provided payment details / Applicant emailed twelve-month contract and “ad creation” to Respondent for approval, then  deducted two payments for the twelve-month period totalling $5,451.00 / Respondent claims only agreed to initial fee payment, claims full refund of second and third payments Held: while Respondent told only $99 plus GST fee would be charged “today”, Applicant intended to deducted $5,564.85 / misleading conduct / FTA, s 9 / breach of contract /Applicant acted without authority deducting more than the $99 plus GST / claim allowed, Applicant to refund the $5,451 to the Respondent

  6. FC v TX [2018] NZDT 1053 (23 April 2018) [PDF, 98 KB]

    Contract and Commercial Law Act 2017 / transfer of title / Applicant purchased motorbike from Respondent / bike had been stolen from its original owner and was sold to the Respondent / Police advised Applicant to return bike to its original owner/ Applicant claimed return of the purchase price, plus transport costs and filing fee / Held: bike stolen property / seller cannot pass on title to a good that he or she does not have / implied condition which entitles buyer to a refund and costs if seller does not have title / exceptions to rule did not apply / absence of conviction and  fact that Respondent had possession of goods did not affect the true owner’s rights / Respondent liable to refund purchase price of bike and cost of transporting it back to original owner, but not filing fee / Respondent ordered to pay Applicant $6,850.00

  7. FJ Ltd v TQ Ltd [2018] NZDT 1066 (20 April 2018) [PDF, 82 KB]

    Contract and Commercial Law Act 2017 / implied condition that goods will be reasonably fit for purpose / Applicant purchased a second-hand tyre for a light truck from Respondent / the tyre failed six weeks after installation / Held: tyre not reasonably fit for purpose / tyre was designed for a passenger car, not a light truck / Respondent liable for damages being the loss directly and naturally resulting from the breach of warranty / repair and towing costs / Respondent ordered to pay Applicant amount claimed of $769.25

  8. FI v TR Ltd [2018] NZDT 1065 (12 April 2018) [PDF, 85 KB]

    Contract / Applicant hired campervan from Respondent / Applicant paid for collision damage waiver / waiver meant excess could be waived under certain conditions / conditions required applicant to exercise reasonable care / Applicant drove campervan under beam that was lower than its height, causing damage / Respondent deducted excess / Applicant claimed waiver covered damage / Held:  Applicant failed to take reasonable care in driving vehicle / Applicant failed to notice clearance signs / Applicant lost right to be indemnified through terms and conditions of contract / claim dismissed

  9. FG v TT [2018] NZDT 1060 (9 March 2018) [PDF, 134 KB]

    Contract and Commercial Law Act 2017 / sale of goods / Respondent supplied grapevine rootstocks to Applicant / Applicant examined rootstocks after delivery during processing period/ Applicant rejected a number of rootstocks and invoiced Respondent for that amount / Respondent disputed timeframe for rejection / Applicant claimed invoiced amount, legal fees and interest / Respondent claimed rootstocks were not rejected within a reasonable time / Held: goods rejected within a reasonable time / reasonable timeframe for examining goods determined as processing period / given nature of goods and quantity supplied, reasonable for Applicant to examine goods over processing period  / no particular loss to Respondent as a result of being notified after delivery / no provision in contract for payment of legal fees / Respondent liable to pay part of invoiced amount as at date of notification, plus interest / Respondent ordered to pay $999.81 to applicant.

  10. GO v SSL Ltd [2017] NZDT 1147 (12 October 2017) [PDF, 108 KB]

    Consumer Guarantees Act 1993 / Respondent carpeted Applicant’s house / four years later, Applicant noticed worn area under stool and other bald patches / Applicant believed carpet defective / Respondent inspected site and sent carpet to be tested by New Zealand Wool Testing Authority / tests confirmed carpet twice as strong as NZ minimum standard / Respondent refused to replace carpet as damage caused by excessive wear and Applicant’s dog / Applicant argues a fault in ‘bonding delamination’ / claims full carpet replacement / Held: carpet of acceptable quality / damage caused by excessive use over four years and Applicant’s dog likely to have contributed to bald patches / no breach of guarantee of acceptable quality / claim dismissed

  11. FA & FAA v TZ & TZZ [2017] NZDT 1048 (18 July 2017) [PDF, 90 KB]

    Contract / Contractual Remedies Act 1979 (CRA) / Cancellation of contract / Applicants signed up for gym memberships at Respondent’s gym / Applicants stopped paying monthly fees and sought to cancel contract / guidelines booklet stated membership could not be cancelled if arrears were on the account / Respondent suspended access and invoiced Applicants  for membership fees and late fees / Applicants sought a declaration that they were not liable for fees because contract had been cancelled / Held: Respondent gave applicants insufficient notice of onerous term in guidelines booklet / term never became part of contract due to insufficient notice / applicants entitled to terminate membership despite being in arrears / Respondent not entitled to suspend access / contract did not provide for suspension / Respondent in breach of contract / Applicants entitled to cancel under CRA / Applicants ordered to pay fees for 10 days until suspension and one late payment fee

  12. EV v UE Ltd 2017 [NZDT] 1015 (1 June 2017) [PDF, 100 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant purchased lounge suite from respondent / lounge suite sold “as is – no return available” at a discounted price / Applicant notified Respondent of a cracked beam / Respondent offered a “one-off frame repair, at no charge out of goodwill” / Applicant did not believe repair would remedy the issue /  Applicant claimed full refund / Held: lounge suite not of acceptable quality / cracked beam was a failure of substantial character / reasonable consumer fully acquainted with the nature of the failure would not have purchased the suite / Applicant entitled to reject goods and receive a full refund / claim allowed, Respondent ordered to pay Applicant $2,799 and Respondent to collect suite at its own expense.

  13. EX v UC [2017] NZDT 1011 (24 May 2017) [PDF, 20 KB]

    Consumer Guarantees Act 1993 / Applicants purchased a clothes dryer from Respondent with an extended warranty / dryer underwent repairs during warranty period / Applicant claimed dryer still in need of repair / Respondent’s agent inspected dryer and found no repair required / Applicant claimed dryer not durable / Applicant wished to reject the good and receive refund of purchase price, cost of  extended warranty and  Tribunals’ filing fee / Held: cause of failures not sufficiently established / Tribunal could not exclude  possibility of user issues / no breach of guarantee in terms of durability or fitness for purpose / no remedy under Consumer Guarantees Act 1993 available / claim dismissed

  14. EW Ltd v UD & UDD 2017 [NZDT] 1010 (17 May 2017) [PDF, 154 KB]

    Contract / Consumer Guarantees Act 1993 / Sale of Goods Act 1908 / Applicant purchased computer system and CCTV cameras from Respondent for its first shop / cameras in first shop did not work properly when reinstalled in Applicant’s second shop / Applicant examined system and purchased it for its second shop without raising any issues / Applicant claimed full refund on the basis that the functionality of the goods was not satisfactory and did not meet Applicant’s expectations / Held: insufficient evidence to prove goods were defective / no breach of guarantee under Consumer Guarantees Act 1993 / no breach of implied warranties under Sale of Goods Act 1908 / goods of merchantable quality and fit for the purpose it was intended / claim dismissed.

  15. FM Ltd v TN [2017] NZDT 1005 (26 April 2017) [PDF, 113 KB]

    Negligence / Respondent’s truck and trailer unit was stationary at a wide single lane intersection to turn left onto road / Applicant saw some space to the left of respondent’s truck and trailer unit, and drove into this, with the intention of also turning left / but, unable to proceed as Respondent’s vehicle obscuring his view / Respondent indicating left during this time / when Respondent began left turn, his vehicle collided with Applicant’s vehicle / Applicant seeking $15,000 toward costs of repairs / duty of care / Road User Rules 2.5, 2.6 and 2.8 / no evidence Respondent further to right than practicably necessary for turn / Applicant not engaged in passing manoeuvre as unable to proceed due to position of Respondent’s vehicle / even if able to keep moving, manoeuvre not one that could be made safely or without impeding vehicle with right of way / Held: Applicant placed his vehicle in harm’s way in an unusual and unsafe manoeuvre / Applicant had not driven with the care expected ...

  16. EY v UB [2017] NZDT 1002 (13 April 2017) [PDF, 78 KB]

    Consumer Guarantees Act 1993 / Applicant contracted Respondent to deliver a dirt bike / Respondent did not have cartage insurance / bike was stolen off back of Respondent’s truck / Applicant claimed value/purchase price of bike / Applicant claimed Respondent negligent in leaving bike unsecured and unattended / Held: carriage of goods done at “limited carrier’s risk” / no written agreement / Respondent ordered to pay Applicant $2000.00

  17. FQQ Ltd v TJ [2017] NZDT 1044 (11 April 2017) [PDF, 124 KB]

    Contract / authority to purchase / Second Respondent worked for First Respondent / Second Respondent purchased personal items from Applicant using First Respondent’s business account / First Respondent only paid for items he had authorised / Applicant wants money owed on the account from Second Respondent’s purchases / Applicant had not ascertained Second Respondent was authorised to make those purchases / Held: no actual or apparent authority which bound the First Respondent to pay for Second Respondent’s debt incurred / Applicant has no contractual right to recover from First Respondent / Second Respondent to pay Applicant for items purchased in personal capacity / claim against First Appellant dismissed

  18. FOO Ltd v TL [2017] NZDT 1030 (3 March 2017) [PDF, 74 KB]

    Contract / Respondent supplies pumpkins and cucurbits to supermarkets / Applicant transported pumpkins from Respondent’s farm to distribution centre / on one occasion, Applicant failed to pick up load as truck full / supermarkets cancelled order for that load / Applicant claiming $8,942.40 for non-payment by Respondent for services supplied from February to May 2015 / Applicant relying on exclusion and notification clauses in its standard terms and conditions / Respondent counterclaims for non-liability by way of damages for failure to collect pumpkins / Respondent could not have easily mitigated loss suffered / Held: Applicant’s failure to pick up load breach of contract / Respondent not liable to pay $8,942.40 to Applicant / money owed to Applicant is completely offset by Respondent’s loss from supermarkets cancelling order / claim dismissed

  19. ER v UI Ltd [2017] NZDT 998 (16 February 2017) [PDF, 130 KB]

    Guarantee / Consumer Guarantees Act 1993 / Applicant enrolled in course of study and paid fees to Respondent institution / Applicant withdrew from course 11 days after its commencement / Applicant claimed he could not understand lecturer and lecturer’s teaching style was poor / enrolment form provided for a refund of fees if withdrawal was within 8 days of course commencing or there were exceptional circumstances / Applicant claimed reason for withdrawing was exceptional and Respondent failed its guarantee as to service provided / Applicant claimed refund of fees / Held: no failure of guarantee / inadequate evidence to prove failure / Respondent provided service with reasonable care and skill and service was fit for purpose / circumstances not exceptional / claim dismissed

  20. HD v RWW Ltd [2017] NZDT 1032 (15 February 2017) [PDF, 107 KB]

    Consumer Guarantees Act 1993 / Applicant purchased vehicle from Respondent which had serious engine issues & was uneconomic to repair / whether vehicle sold privately or ‘in trade’ / whether vehicle of acceptable quality & what, if any, remedies available / Held: Respondent sold several vehicles a year so ‘in trade’ / vehicle not of acceptable quality as not free from defects & reasonable consumer would not regard it as acceptable given price paid & statement it was in ‘mint condition’ / failure substantial so Applicant entitled to full refund as well as any foreseeable losses resulting from failure / Respondent ordered to pay Applicant $4839.88 & Applicant to make vehicle available for pick up within three weeks of amount being received / claim allowed

  21. GP v SKS Ltd [2017] NZDT 1168 (10 February 2017) [PDF, 76 KB]

    Consumer Guarantees Act 1993 / respondent installed security system for applicant / applicant claimed detector not working & monitoring company did not respond / respondent changed alarm settings & engaged another monitoring company / applicant refused to pay for new monitoring service &  sought refund / respondent cancelled agreement & claimed money owing as well as cost of changing monitoring companies / whether security system of acceptable quality / whether monitoring service provided with reasonable skill & care / Held:  service provided by first monitoring company not provided with reasonable skill & care / respondent met obligations & remedied failure promptly / applicant entitled to refund of payments to first monitoring company but not entitled to cancel agreement with respondent / agreement provided for decommissioning fee & balance of term to be paid for cancellation / refund offset against money owing / applicant ordered to pay respondent $1321.58.

  22. EN & ENE v UM & UMU [2017] NZDT 997 (10 Febrary 2017) [PDF, 79 KB]

    Fencing / Fencing Act 1978 / Applicant’s cows crossed over to Respondent’s neighbouring property / Applicant claimed fence in need of repair / Applicant issued fencing notice on Respondent / repairs carried out within days of notice / Applicant claimed half the cost of fence repairs / Held: Respondent not liable to pay for repairs / repairs carried out before notice period was up / fence not destroyed or damaged by sudden accident or other cause / claim dismissed