Contract / Consumer Guarantees Act 1993 / Applicant purchased a hover mower from Respondent / mower ran unevenly and was difficult to start so Applicant returned it for repairs / after receiving it back it ran no better and was returned again / 6-8 weeks later when Respondent attempted to return the mower Applicant rejected it and requested a full refund / Applicant claimed for repairs to their old mower, purchase price of the hover mower and the filing fee / Held: mower is not of acceptable quality / ongoing problems with starting and running that are intermittent / supported by evidence from a lawnmower shop owner who inspected the mower / issues and length of time they occurred mean the failures are of a substantial character / Applicant entitled to reject the mower under the Consumer Guarantees Act 1993 and entitled to full refund but not repair costs (of old mower) or filing fee / claim allowed, Respondent ordered to pay Applicant $988.
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106 items matching your search terms
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AGS v ZTW [2013] NZDT 491 (15 January 2014) [PDF, 21 KB] -
AEH v ZVO [2013] NZDT 229 (17 September 2013) [PDF, 55 KB] Contract / oral contract / Respondent had not paid for six taxi rides over a two-year period / verbal contract existed / term that Respondent would pay for taxi and if he did not there would be fees and collection costs added / Respondent failed to pay outstanding fare and associated charges / breach of contract established / Applicant entitled to the recover cost of the fares, “reasonable” account fees and collection costs / Disputes Tribunal filing fee only recoverable in “exceptional circumstances” as set out in the Disputes Tribunal Act / claim for filing fee failed.
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ADS v ZWI Ltd [2013] NZDT 220 (29 May 2013) [PDF, 55 KB] Contract / Applicant submitted a quote to Respondent to lay 50 m² of timber / quote accepted / area was in fact 90 m² / Applicant advised Respondent’s project manager that the job would require additional labour and materials / advised to proceed and that the matter would be sorted out later / Applicant decided to not charge for additional glue as goodwill gesture / Applicant submitted invoices / accounts not paid / Applicant decided to charge for glue / claim for cost of glue, $1,265.00, and filing fee / held that it was Respondent’s mistake in thinking the area was only 50 m² and needed to make it clear to Applicant that it would not pay for additional labour and materials / failed to inform Applicant before he started work / Applicant went ahead with work with reasonable belief he would be paid / Applicant entitled to charge for additional glue as the goodwill gesture was contingent on prompt payment of accounts / Applicant entitled to charge for glue / Respondent to pay $1,265.00 t…
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BH v YS and YSY [2013] NZDT 430 (21 March 2013) [PDF, 193 KB] Jurisdiction / Applicant claimed $320 being the amount of a dividend distributed to Respondent landlords by a trust in respect of electricity used and paid for under his residential tenancy agreement / claimed he is entitled to that amount on the basis of a collateral oral agreement / Held: difficult to believe BH would decline to accept filing of the claim on the ground that no bond had been received and have great concerns about this if it has / because claim relates to dispute between landlord and tenant and relates to a tenancy, the Tenancy Tribunal is the appropriate tribunal to hear the claim / claim struck out.
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ADE v ZWV [2012] NZDT 186 (3 October 2012) [PDF, 47 KB] Jurisdiction / quasi-contract / Respondent a former employee of Applicant / Applicant overpaid Respondent $380.98 in his final pay / Respondent claims he can retain the overpayment pursuant to the Wages Protection Act 1983 / Applicant claims $380.98 plus filing fee from the Respondent / issue as to jurisdiction / Tribunal has jurisdiction under quasi-contract to hear claim / Employment Relations Authority does not have exclusive jurisdiction to determine matters of overpayment to an employee after employment terminated / claim not founded in contract and Respondent has not breached a contract / quasi-contract / person liable to make restitution when unduly enriched / Respondent received money he was not entitled to through Applicant’s error / no legal reason justifying non-repayment / WPA does not apply as Applicant not seeking to deduct overpayment from future wages / Respondent not entitled to the money and has been unduly enriched by Applicant’s error / unjust for Respondent to reta…
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AEL Ltd v ZVL [2012] NZDT 310 (17 April 2012) [PDF, 43 KB] Contract / Applicant claims $506.93 in respect of plumbing services rendered by Respondent and additional administrative costs / Respondent claims its insurer should make the relevant payment / Respondent did not deny existence of contract or that services were rendered / issue of whether the Respondent’s insurer should pay is an issue between the Respondent and its insurer / Applicant is entitled to payment of services but not additional charges as lack of evidence that Respondent accepted the additional charges / Tribunal filing fee only recoverable in exceptional circumstances which do not apply / Respondent to pay Applicant $312.57.