Disputes Tribunal of New Zealand

Rehearing application / Applicant applied for rehearing on grounds due to he was not informed of the hearing date and attended the hearing via teleconference / Applicant also claimed there was confusion over the amount the Respondent owed / Held: Applicant participated fully in the hearing / Applicant was given an opportunity to confirm amount after the hearing / Rehearing not granted merely because the parties are unhappy with the decision / Not satisfied there was a substantial wrong or miscarriage of justice / Rehearing claim dismissed.

Contract / Parties signed a truck sale and purchase agreement / Applicant cancelled after signing / Deposit non-refundable under sale and purchase agreement / Dispute regarding whether there was agreement that the deposit could be refunded if applicant wanted to cancel sale / Held: new term of contract supersedes the old term / Not open to respondent unilaterally alter term back to originally agreed / Applicant relied on this undertaking and cancelled contract expecting full refund / Claim allowed, respondent to pay applicant $10,275.76

Contract / Consumer Guarantees Act 1993 / Respondents contracted Applicant to replace windows and doors in their villa / Contract price did not include repair work once removal and installation was underway / Applicant initially sought $30,000 from Respondents for outstanding balance of the contract price, variations invoice and interest / Applicant amended its claim to $14,727.00 after receiving $15,273.00 from  Respondents / Respondents counterclaimed $30,000.00 for overcharging and quotes for additional remedial work / Held: Respondents owed Applicant $9,542.32 for additional work and interest / Respondents entitled to $500.00 credit as Applicant failed to install flashings for  sunroom windows / Applicant not liable for replacement doors or damage to benchtop / Respondents ordered to pay Applicant $9,042.32 / Claim allowed in part / Counterclaim dismissed.

Contract / Property Law Act 2007 / Applicant leased part of a property from Respondents, including use of a barn / Applicant had lights installed in barn / Lease ended when Applicant had to leave town / Applicant authorised Respondents to remove belongings from barn and stored them / Applicant returned two years later to find lights had not been removed from barn along with his other belongings / Applicant sought return of the lights, or compensation of $2,093.00 / Held: lights were lessee’s fixtures / Applicant had right to remove lights while in possession of barn or during reasonable period after / Reasonable period longer than usual in unusual circumstances but had now expired / Lights had become lessor property / Claim dismissed.

Contract / Contract and Commercial Law Act 2017 / Applicant purchased truck and trailer from First Respondent / Applicant alleged vehicle faulty in many respects / Applicant claimed $29,000 for various repairs / Held: Applicant has no legal basis to hold Respondent liable for quality or fitness purpose issues, even if proven, as this is a private sale / Applicant has legal basis for a claim in respect of defects Respondent should have identified and failed in assessment / Applicant can be awarded compensation for cost and fitting of compressor, repairs to trailer and headlight adjustment / Respondent ordered to pay Applicant $3,865.90 / Claim allowed in part.

Nuisance / Fencing Act 1978 / Parties discussed boundary fence between properties / Respondents thought they reached agreement and built fence on own land inside boundary / Applicants claim fence interferes with their right to enjoy,  object to height, consider it unsightly, allege it obscures safe vehicle exit / Applicants claim for order that fence be removed and new jointly agreed fence built / Held: parties chose not to utilise Fencing Act dispute resolution process / Fencing Act cannot be applied / No nuisance created / Cannot decide claim about trespass / Outcome: claim and counterclaim dismissed

Consumer law / Consumer Guarantees Act 1993 / Applicant took his vehicle gearbox to the Respondent to repair because it was slipping out of gear / Applicant sought $3,778.11 from Respondent for repair cost of gear box and removal and installation of gearbox by a third party / Held: insufficient evidence Respondent failed to provide service with reasonable care and skill / Respondent’s work was fit for purpose, as the gearbox issue was fixed when it left his workshop / Applicant not entitled to compensation as there was no failure requiring remediation / Claim dismissed.

Contract / Consumer Guarantees Act 1993 / Applicant purchased two jackets from the Respondent / 1 year later, Applicant noticed damage to one of the jackets and sought a warranty claim / Warranty claim was declined as determined damage was not due to a defect / Applicant sought $1,350.00 / Held: timing and nature of damage indicated damage likely occurred during ownership and use / Goods not defective at time of purchase / Applicant not entitled to a replacement jacket / Claim dismissed.

Negligence / Bailment / Applicant bought damaged car at auction / Applicant claimed $1578.27 for replacement parts that allegedly went missing while car was with Respondent / Held: Respondent not a bailee for Applicant’s goods / Respondent did not have any responsibility to Applicant / Claim dismissed.

Loan / Applicant and Respondent were friends / Applicant made multiple payments to Respondent / Applicant submitted payments were loans and Respondent promised to pay him back / Noted that Respondent loaned the Applicant his game console / Parties no longer in contact / Held: Applicant proved he made loans to Respondent of $20,760.00 / Outstanding balance of loan was $11,410.00 / No proven repayment terms so loan was repayable upon demand / Applicant likely to retain console so value can deducted from outstanding loan amount / Respondent ordered to pay $12,900.00 / Claim allowed.

Contract law / Contract and Commercial Law Act 2017 / Respondent ordered louvre roof from Applicant including installation / Respondent advised Applicant measurements for custom built flashings / Applicant revised invoice to reflect agreement reached relating to flashing / Respondent has not paid revised invoice amount of $16,339.00 / Applicant claimed damages / Held: louvre roof supplied was of acceptable quality / Respondent breached terms of contract by not paying invoice despite being supplied louvre roof / Applicant cannot claim debt recovery costs / Respondent ordered to pay Applicant $16,339.20 / Claim allowed in part.

Contract / Consumer Guarantees Act 1993 / Applicant accepted quotation from Respondent for landscaping work and artificial turf installation / Applicant unhappy with shiny appearance of turf and claimed that it should have been laid in the opposite direction / Applicant claimed $6,000 damages / Held: Respondent should have consulted with Applicant regarding which way to lay turf and explained the difference if it were not raised by Applicant / Respondent failed to install turf with reasonable care and skill / Damages payable reduced by unpaid balance owing to Respondent / Respondent ordered to pay Applicant $1,275.07 / Claim allowed.

Contract / Applicant wished to purchase car from Respondent / As that car was about to be sold, Respondent offered Applicant another car which was the same make and model / Applicant paid $1,000.00 deposit with full purchase price being payable on conditions being met, including completion of a satisfactory car service by a third party dealer / Applicant was not happy with the car service / Applicant claimed deposit refund / Held: Applicant’s agreement to purchase car was conditional / As Applicant’s condition was not met, Respondent must refund $1,000.00 deposit / Claim allowed