Disputes Tribunal of New Zealand

Negligence / Contract / Duress / Respondent managed Applicant’s rental property / Applicant alleged Respondent acted negligently by giving her poor advice, resulting in loss of three weeks and one day’s rent / Applicant also alleged she agreed to an early exit for the tenants under duress / Applicant claimed $2495.36 / Held: after Applicant attended property without notice, tenant threatened to bring claim to Tenancy Tribunal / Respondent’s advice to endeavour to mitigate damages through early termination, rather than face potential consequences in the Tenancy Tribunal, was fair and reasonable, not poor advice / Applicant did not agree to early exit under duress / Claim dismissed.

Contract / Applicant contracted Respondent to provide property management services / Applicant alleged Respondent breached contract, claimed compensation for 28 days of lost rent plus repair costs / Held: Respondent was Applicant’s agent and allowed to make decisions about tenancy on Applicant’s behalf / Respondent did not sign up six occupants for new tenancy, error regarding number of occupants had been brought to Applicant’s attention / Respondent did not breach contract by increasing rent or signing tenants onto periodic tenancy / Respondent did allow departing tenants to leave without serving out notice, but Applicant would not have suffered loss if she did not cancel prospective tenants / Respondent not entitled to retain $549.98 in rent paid by previous tenant to cover advertising and letting fee, as they had told Applicant they would waive right to those amounts / Respondent ordered to pay Applicant $549.98 / Claim allowed in part.

Contract / Contract and Commercial Law Act 2017 / Applicant hired car from Respondent / Respondent's business was closed on date of return / Applicant instructed to return car to petrol station in front of Respondent’s premises / Car was damaged when Respondent picked it up / Respondent deducted $2,400 for the damage from Applicant’s bank account, without informing her / Applicant claimed repayment of $2,400 as she did not cause the damage / Respondent claimed car was not returned to their premises so Applicant remained liable for damage / Held: Applicant’s return of car per Respondent’s instructions deemed as delivering car to Respondent / Damage likely caused by third party after Applicant returned car / Clause in contract allowed Respondent to deduct monies for damage without proper process for dispute resolution or investigating liability to be disregarded / Respondent ordered to pay Applicant $2,400 / Claim allowed.

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased carrier vests from Respondent / Applicant wished to return them as vests did not fit / Respondent refused to give refund if buyer changed their mind / Applicant claimed for refund / Held: Respondent cannot be liable as they would never know the measurements of an online purchaser / Respondent can only provide vest measurements and leave it for the purchaser to decide / Vests received by Applicant matched the description Respondent provided and were fit for purpose / Claim dismissed.

Contract / Limitation Act 2010 / Applicant carried out electrical work for Respondents in 2015 and 2016 / Applicant issued invoice of $32,350.71 plus GST to Respondents in 2016 / Applicant claimed $30,000 for unpaid invoice / Respondents raised defence that claim was time-barred / Held: limitation period for most money claims are six years from when money owed / Exception if debtor later acknowledges debt, in which case the time limit starts from date of acknowledgement / Applicant failed to provide evidence of Respondents acknowledging debt / Claim struck out.

Contract / Consumer Guarantees Act 1993 / Applicant purchased vehicle from First Respondent / Vehicle had problems with battery headlights almost immediately after purchase / Respondent replaced vehicle's battery and subsequently vehicle had issues with reversing camera and radio screen / Applicant sought to reject vehicle and claimed $15,500 / Held: insurance policy claim against Second Respondent dismissed as policy does not cover failures / Applicant had an accident whilst driving vehicle / Applicant not entitled to reject vehicle and receive refund / Damage to vehicle not related to state or condition at the time vehicle supplied to Applicant / First Respondent ordered to pay Applicant $906 / Claim against First Respondent allowed in part / Claim against Second Respondent dismissed.

Contract / Applicant engaged Respondent’s cleaning services after being victim of a ram raid / As work was urgent, price was not discussed or agreed in advance / Respondent invoiced $1,552.50 / Applicant disputed amount charged / Applicant claimed $1,086.75 / Respondent counterclaimed $1,552.50 for unpaid invoice / Held: Applicant did not prove she had been overcharged for services provided / Applicant had responsibility to inquire about costs beforehand and failed to do so / Applicant liable for full invoice / Applicant ordered to pay Respondent $1,552.50 / Claim dismissed, counterclaim allowed.  

Contract / Contract and Commercial Law Act 2017 / Applicant provided courtesy car to Respondent's daughter / Applicant claimed car suffered catastrophic engine failure / Applicant claimed $3,612.50 to replace car engine / Held: contract exists between Applicant and Respondent / Courtesy car provided because of original contract between Applicant and Respondent / Original car bought by the Respondent's daughter being repaired / Respondent's daughter did not cause damage to car / Respondent did not breach obligations by failing to return car in its original condition / Claim dismissed.

Contract / Credit Contracts and Consumer Finance Act 2003 / Applicants loaned money to Respondents for purpose of car repairs / Loan to be paid by monthly installments with annual interest rate / Balance of loan refinanced and additional amount loaned / New loan fell into arrears and Respondents stopped making payments / Held: Applicant did not act responsibly in making loans / Applicant failed to comply with requirements for continuing disclosures / Respondents entitled to statutory damages for Applicant’s breaches / Lenders have responsibility to make reasonable inquiries before entering into an agreement / Applicant cannot recover any of the costs of borrowing on new loan / Claim dismissed.

Contract / Applicant and Respondent are flatmates / Applicant paid $1,000 flat bond to Respondent as head tenant / Applicant left flat and claimed return of bond / Held: no agreement exists with regards to giving notice / Applicant did not breach any obligation to provide notice / Applicant entitled to full refund of bond / Respondent ordered to pay Applicant $1,000 / Claim allowed.

Contract / Applicant engaged Respondent to reroof their commercially tenanted house / Reroofing rescheduled due to series of delays / Applicant's tenants present in building when Respondent went to do work / This posed as a health and safety hazard / Respondent claimed it was made clear building needed to be empty for duration of reroofing / Applicant subsequently contacted another roofing company / Applicants claimed $15,456.00 / Held: Respondent unable to prove they had communicated building needed to be vacant / Applicant justified in cancelling contract / Respondent should bear costs of scaffolding and freight / Respondent not liable to pay difference in contract price claimed by Applicant / Respondent ordered to pay Applicant $1,748 / Claim allowed in part.

Negligence / Applicant’s son had collision with respondent / Applicants claim respondent is liable for collision as he entered lane from a give way controlled sideboard but failed to give way / Respondent claims other driver is liable because he failed to drive to the conditions / Held: not persuaded by applicant’s claim that the other driver bears some liability / Not enough to rely on a gap left by another vehicle / No evidence of contributory negligence / Damage consistent with description of collision and cost claimed for repair is reasonable / Outcome: claim allowed, respondent to pay applicants $7,261