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377 items matching your search terms

  1. FU Ltd v TB Ltd [2020] NZDT 1394 (4 March 2020) [PDF, 104 KB]

    Consumer law / Consumer Guarantees Act 1993 / Respondent performed WOF inspection for Applicant / Applicant sold vehicle / Vehicle wheel bearing seized while Purchaser was driving causing crash / Applicant contends problem must have been evident during WOF / Did Respondent perform service with reasonable care and skill / Held: Respondent supplied service under CGA even though no contract between Respondent and Purchaser / Statutory guarantees contained in CGA apply / Held: Respondent did not perform service with reasonable care and skill / On balance problems would have been noticeable during WOF / Claim allowed / Respondent ordered to pay $1559.24 to Applicant.

  2. ZG Ltd v KJ Ltd [2020] NZDT 1386 (4 March 2020) [PDF, 188 KB]

    Contract / Respondent agreed to update Applicant’s website / Applicant claimed work was not done in a timely manner and work done did not justify hours Respondent spent / Applicant cancelled contact and sought a refund of $15,000.00 / Applicant also claimed refund of $270.95 for e-commerce Theme which they paid for separately which was the wrong Theme / Whether Respondent breached contract entitling the Applicant to cancel / If so, whether Applicant was entitled to refund / Whether Respondent was entitled to refund for Theme / Held: not proven that Respondent was not doing work was contracted to do / Claim in relation to refund dismissed / Respondent confirmed that it ordered wrong Theme and Applicant paid for it / Respondent ordered to refund Applicant $270.95 / Claim dismissed.

  3. MD v KM Ltd [2020] NZDT 1328 (30 January 2020) [PDF, 242 KB]

    Consumer Guarantees Act 1993 / Applicant bought a pony from Respondent for her daughter / Pony had a substantial bucking habit which was not able to be resolved / Applicant claimed refund of the purchase price and costs associated with transport and upkeep of pony / Respondent claimed that the Applicant waited too long after purchase to raise concerns, was advised of pony’s tendency to buck, had caused an escalation of issue by delaying remedial work, had not viewed the horse or explained purpose pony was sought / Held: pony was misdescribed in advertisement / Pony was not of acceptable quality per Consumer Guarantees Act 1993  / Applicant entitled to reject the pony and get a refund / Claim allowed / Respondent to pay Applicant $5,000.00 / Respondent to arrange collection of pony / Ownership of the pony re-vested in Respondent

  4. MW v EF Ltd [2019] NZDT 1304 (4 December 2019) [PDF, 248 KB]

    Contract / Respondent invited Applicant to join an advisory board for their company / No formal contract / Applicant claims Respondent agreed to pay for advisory board work and additional consulting work, and at the same daily rate / Held: lack of agreed terms, genuine misunderstanding about intentions / Consulting work outside of role of advisory board member and there was clear instruction to carry it out / Claim allowed for advisory board work and quantum meruit claim awarded for consulting work / Respondent ordered to pay Applicant $4,408.64.

  5. W v D [2019] NZDT 1362 (29 November 2019) [PDF, 220 KB]

    Contract / Applicant purchased property from respondent / Power cables laid by contractor of respondent were actually on neighbours property / Applicant claims the cost to purchase the piece of land from neighbour, boundary consultant fees, legal costs, land transfer and LINZ fees / Held: no breach of sale and purchase agreement / Electrical cabling not laid on the applicant’s property / No remedy available to applicant / Claim dismissed

  6. KD v NI Ltd [2019] NZDT 1361 (29 November 2019) [PDF, 262 KB]

    Contract / Building Act 2004 / Pooling of water at rear of property / Water not draining away from retaining wall effectively / Applicant claims damages to remedy drainage problem / Held: No jurisdiction to hear claim against second respondent / Absence of connection between draining provision and cesspits represents a breach of warranties contained in the Building Act 2004 / First respondent to pay damages to applicant / Claim against first respondent allowed / Claim against second respondent struck out

  7. NR v HT [2019] NZDT 1335 (6 November 2019) [PDF, 222 KB]

    Misrepresentation / Contract and Commercial Law Act 2017 / Consumer Guarantees Act 1993 / Applicant bought a motorsailer boat being sold by Third Respondent on behalf of Second Respondents / Respondent prepared a report on the condition of the boat for the Second Respondents which was also viewed by the Applicant / After purchase the Applicant discovered damage to the timbers on the boat and was advised the deteriorated steering made the boat unseaworthy / Applicant considered the boat was misrepresented and was neither fit for purpose nor of acceptable quality / Applicant claimed compensation of $15,000.00 and contribution towards repair costs / Respondents claimed that the report identified visible faults and was prepared for the Second Respondents not Applicant / Respondents also claimed Applicant signed a contract putting risk of faults on him and the boat was not subject to any warranties / Held: contents of report did not create an actionable misrepresentation under s 35 of the C...

  8. EFT v SQ [2019] NZDT 1357 (25 October 2019) [PDF, 195 KB]

    Negligence / Animal Law Reform Act 1989 / Respondent’s bull was out of its paddock causing collision that resulted in the total loss of the applicant’s ute / Applicant claimed the value of the ute plus the Tribunal filing fee / Held: evidence relating to reasons the fencing may have been compromised at the time is insufficient to prove negligence on respondent’s part / Respondent has no liability for applicant’s reasonable losses and the claim is dismissed

  9. TG v H Ltd [2019] NZDT 1338 (25 October 2019) [PDF, 304 KB]

    Contract / Consumer Guarantees Act 1993 / Alleged breach of “live foal guarantee” in breeding contract / Contract was ambiguous / Held: “Live foal free return” referred to attempt to get a live foal, not a guarantee of one / Required to provide free returns into the second season / Held: Broodmare not as described / Mare not proved to be pregnant, therefore not of acceptable quality / Applicant awarded $1,805.36 as contribution to the costs associated with purchase.

  10. HY v RB & YR [2019] NZDT 1217 (7 October 2019) [PDF, 167 KB]

    Contract / applicant purchased property from respondent & discovered road was being constructed on its boundary / applicant not notified of works or consent given by vendors / property used for grazing horses & AirBnB business / applicant claimed she would not have purchased property or would have negotiated a lower price if notified of works / Held: vendors had a duty under vendor warranty to advise applicant of consent / property directly affected by works due to noise & activity / applicant suffered loss & entitled to compensation / no direct financial loss to business or value of property but indirect loss of what was contracted for or loss of the bargain / failure to notify took away applicant’s right to negotiate on different terms / other losses included distress & disappointment from reduced outlook from property, loss of peace of surroundings & physical inconvenience & nuisance from dust, traffic & noise / claim allowed / vendors ordered to pay applicant $15,000 in damages

  11. B Ltd v IX [2019] NZDT 1392 (6 September 2019) [PDF, 213 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant engaged Respondent to act for her in an employment dispute / Applicant withdrew from case and Respondent sought payment for services / Applicant defended claim on grounds of "no win - no fee" basis / Contracted provided a penalty fee for termination before conclusion of case / Applicant withdrew against advice / Respondent able to partially recover the fee / Decision not to withdraw after mediation was clouded by the fact of a penalty fee for not proceeding to hearing / Applicant to pay fees incurred after the mediation but before the hearing up to point she withdrew

  12. M v U [2019] NZDT 1309 (21 August 2019) [PDF, 216 KB]

    Civil / Fencing Act 1978 / Applicant removed and replaced boundary fence between their property and Respondent's property / Applicant removed Respondent's flax / Applicant claims half the cost of fence plus cost of removing flax / Held: fence was inadequate before it was replaced / Applicant did not follow notice procedures to entitle them to claim a half share of costs / Applicant entitled to contribution of half of cost of half the fence on basis immediate work was required / Respondent entitled to set off for lost flax / $140 awarded to Applicant for fence, $140 awarded to Respondent for flax / Full set off / Claim dismissed.

  13. KH v XS [2019] NZDT 1393 (20 August 2019) [PDF, 208 KB]

    Claim for repair costs / Land Transport (Road User) Rule 2004 / Respondent struck door of parked car while driving / Insurer seeking cost of repair for Applicant's car / Issue whether Respondent opened car door in a manner which created a hazard / Issue whether Applicant contributed by failing to keep a proper lookout or driving too close to parked cars / Found that Respondent did open door with oncoming traffic / Unable to make finding that Applicant contributed due to limited evidence / Respondent to pay $3,191.22

  14. OF v D Ltd [2019] NZDT 1405 (9 August 2019) [PDF, 223 KB]

    Contract / Contract and Commercial Law Act 2017 / Consumer Guarantees Act 1993 / Respondent provided estimate to complete car restoration / Dispute over estimate being exceeded / Respondent seeking further payment before releasing the car / Estimate provided rather than a quote / Estimate exceeded by $9,409.00 / Held: Respondent had breached its contractual and statutory obligations / Additional cost 50% above original estimate / Amounts to a misrepresentation / Applicant's legal costs recoverable / Applicant not liable to pay interest or storage costs / Applicant liable to pay $1,856.19 to have car returned

  15. KC Ltd v OK [2019] NZDT 1378 (17 July 2019) [PDF, 268 KB]

    Contract / Respondent hired van from applicant / Van broke down during respondent’s use / Van’s clutch plate was burnt out / Applicants claim for cost of clutch replacement / Respondent claims the refund of his bond / Held: respondent drove vehicle in manner that caused premature failure of the clutch / Respondent covered by indemnity against damage provided by the contract / Respondent not liable for clutch damage under terms of the contract with applicant / Respondent not liable to pay for replacement clutch / Respondent entitled to bond refund / Claim dismissed

  16. LO v SD [2021] NZDT 1388 (3 July 2019) [PDF, 222 KB]

    Contract / Applicant asked respondent for help accessing cheap flights with specific airline / Applicant not happy with tickets as they were not with specific airline, had multiple stops and some tickets were invalid / Applicant’s family purchased new tickets / Applicant claims for amount paid for the unused tickets / Held: respondent not acting ‘in trade’ as is not in the business of making travel arrangements or providing travel agency services / No other cause of action for legal claim against respondent / Claim dismissed.

  17. JC v KB [2019] NZDT 1387 (3 July 2019) [DOCX, 56 KB]

    Contract / Applicant loaned money to respondent during relationship / Respondent had agreed to repay applicant / Respondent also crashed and damaged applicant's car / Respondent has not fully paid applicant / Applicant claims the sum of a private loan and collision losses plus towing costs / Held: repayment not enforceable as no intention to create legal relations / No consideration of formalising promises to pay into a binding agreement / Applicant also cannot make negligence claim as she is not the owner of the car / Claim dismissed

  18. MD v BL [2019] NZDT 1376 (1 July 2019) [PDF, 193 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant hired Respondent as builder to renovate bathroom / Renovations delayed longer than Applicant expected / Applicant ended contract and hired new builder at Respondent’s suggestion / New builder had to remediate issues with Respondent’s work / Applicant sought compensation for remedial transition work undertaken by new builder / Rehearing of that application with Respondent in attendance / Held: Defects in work done by Respondent / Applicant awarded $4,243.50 in compensation minus $1,170.00 owed to Respondent / Applicant had already received $4,545.00 / Applicant to repay Respondent $1,471.50 from original hearing.

  19. KB v MY [2019] NZDT 1390 (29 May 2019) [PDF, 230 KB]

    Negligence / Applicant and respondent were drivers involved in collision / Applicant and insurance company claim for loss after vehicle deemed uneconomic to repair / Respondent counter claims for repairs to vehicle / Held: Respondent pulled out from stationary position / Applicant swerved to avoid him / Respondent breached duty of care by failing to give way / Respondent fully liable / Claim allowed, respondent liable to pay sum to applicant’s insurer

  20. KC v BS [2019] NZDT 1399 (17 May 2019) [PDF, 134 KB]

    Contract / Applicant purchased house from Respondent / Ongoing repayments due to Council under a programme attached to property rates / Applicant stated this obligation to pay was not disclosed to him or included as condition / Applicant claimed sum from Respondent, being amount owing to Council at settlement / Whether the programme information disclosed to Applicant prior to contract being formed / Whether Respondent breached vendor’s warranties / Held: Council programme information was disclosed in writing prior to contract being formed / No breach of warranty because there were no arrears at settlement / Respondent not in breach of vendor’s warranty as repayments were disclosed / Respondent had no liability to pay damages to Applicant / Claim dismissed.