Contract / Consumer Guarantees Act 1993 / Applicant contracted by Respondent for construction services / Respondent accepted Applicant's quote / Disagreement between Applicant and Respondent / Respondent decided to get a different builder to complete work / Respondent deducted $1,739.16 from final payment due to Applicant / Applicant claimed payment / Held: Applicant had not proven fencing work met guarantee as to fitness of a particular purpose / Respondent entitled to deduct amount paid to the other builder from Applicant's final invoice / No amount payable to Applicant / Claim dismissed.
You can search by selecting a jurisdiction, a keyword (for example a name) or browse by year. Identifying details have been removed.
Some decisions in this section have had minor editorial changes applied, that have no effect on the outcome.
2387 items matching your search terms
-
E Ltd v XL [2024] NZDT 563 (9 July 2024) [PDF, 239 KB] -
UC Ltd v BD Ltd [2024] NZDT 533 (9 July 2024) [PDF, 267 KB] Consumer Law / Contract / Applicant laid concrete supplied by the Respondent on a driveway of a property development / The bottom half was much darker than the top half / The bottom half was supplied by the Respondent / Applicant claimed there was no black oxide or very little in the concrete for the concrete for the bottom half supplied by the Respondent / Applicant sought a refund of the price it paid the Respondent for the concrete ($5,146.22) plus interest (6% current bank rate at the time) / Respondent claimed they were not told the concrete ordered needed to match with the concrete already there or they would have told the Applicant to use the top half supplier / Held: Applicant failed to prove their version of events was on balance more likely than the Respondent’s version / Of particular note was the Respondent’s evidence regarding different suppliers and that they were not aware they needed to match concrete / Respondent not liable for the difference in colour of concrete / C…
-
QU v UQ & J Ltd [2024] NZDT 522 (9 July 2024) [PDF, 100 KB] Insurance law / Respondent hit the rear of Applicant’s vehicle at a pedestrian crossing / Applicant’s insurer paid for repair costs / Applicant claimed $6,420.80 from Respondent for cost of repairs / Held: Respondent liable for the damage to Applicant’s vehicle / Cost of repairs proven / Respondent ordered to pay Applicant $6,420.80 / Claim allowed.
-
ND v F Ltd [2024] NZDT 525 (8 July 2024) [PDF, 92 KB] Consumer law / Education / Consumers Guarantees Act 1993 / Applicant enrolled son with Respondent for extra English tuition / Applicant believed that programme was inadequate and did not prepare son for exams / Son failed mock exams / Applicant claimed refund for fees paid / Held: services provided must be provided with reasonable skill and care / Goods or service must be fit for purpose / No evidence to conclude Respondent’s classes were not in accordance with curriculum / Number of reasons why son could have failed / Claim dismissed.
-
QH v N Ltd & T Ltd [2024] NZDT 523 (8 July 2024) [PDF, 187 KB] Contract / Consumers Guarantees Act 1993 / Applicant purchased shipping container from Second Respondent / Applicant contracted First Respondent to transport shipping container to property / Wrong container was collected that resulted in delay / First Respondent seeks $475 for wait time / Applicant claimed declaration of non-liability / Held: service provider must exercise reasonable care and skill / Waiting cost not to fall on Applicants / Second Respondent ordered to pay First Respondent $237.50 for waiting cost / Claim allowed in part.
-
HL v UB [2024] NZDT 339 (8 July 2024) [PDF, 136 KB] Damage / Vehicle collision / Parties were involved in vehicle collision / Applicant claimed Respondent deliberately rammed his vehicle into a barrier / Applicant sought compensation for value of his vehicle, which was written off / Held: more likely than not that Respondent was driver of vehicle / Respondent deliberately rammed Applicant’s vehicle / Respondent liable for resulting damage and loss / Respondent ordered to pay Applicant’s insurer $9,957.00, $1,200 of which was to be paid to Applicant for excess / Claim allowed.
-
TN v SH [2024] NZDT 569 (5 July 2024) [PDF, 205 KB] Negligence / Applicant's son and Respondent's mother involved in vehicle collision / Applicant claimed $20,000 for value of vehicle / Applicant's son drove without supervisor and L plates while on Learners licence / Held: Respondent's mother failed to take reasonable care and caused damage / Respondent's mother failed to give way, which is the direct cause of collision / Applicant entitled to compensation / Tribunal does not condone Applicant's son breach in driving conditions but there is no direct evidence Applicant's son contributed to collision or damage / Respondent ordered to pay Applicant $13,500 / Claim allowed.
-
KM & MM v WN & DN [2024] NZDT 577 (5 July 2024) [PDF, 188 KB] Nuisance / Applicants lived next to a new development / Applicants were concerned with sunlight reflecting off the roof into their house / Applicants claimed $15,000.00 in nuisance for harm to their health, visual pollution and a potential reduction in property value / Applicants also sought that the Respondents reclad/overclad part of the development’s roof with non-reflective roofing materials / Held: nuisance confined to situations where there was property damage, loss or injury / Applicants did not allege any physical property loss or damage / Applicants claim solely concerned the impact on their personal health, the visual impact and a ‘potential’ economic loss which might arise / Tribunal did not have jurisdiction to determine the claim / Noted that reduction in property value fell within definition of property damage/loss / However, no substantive evidence was produced, only speculation / Claim struck out
-
SG v S Ltd [2024] NZDT 557 (5 July 2024) [PDF, 184 KB] Contract / Consumer Guarantees Act 1993 / Applicant engaged Respondent to lay concrete foundation for home extension / Foundation encroached neighbour's property / Consented plans incorrect / Applicant claimed Respondent and architect liable for encroachment / Held: Applicant declined to have the site surveyed before works commenced / Respondent had only the consented plans and work was completed as provided in the plans / Respondent completed work as instructed / Work completed with reasonable skill and care / Claim dismissed.
-
C Ltd v HQ [2024] NZDT 602 (4 July 2024) [PDF, 127 KB] Contract / Accord and satisfaction / Applicant built a dwelling on Respondent’s property pursuant to a contract between the parties / Final invoice was rendered for $46,500.59 but only $26,598.73 was paid / Respondent stated he was making a number of deductions and tendered the amount in full and final settlement / Applicant rejected full and final settlement term but kept the sum tendered / Applicant claimed for recovery of $19,901.86 remaining amount unpaid by Respondent / Held: no evidence that the dispute was a real dispute / Unable to determine that any of the alleged deductions from the unpaid amount were valid deductions / Respondent required to pay full remaining amount of the invoice / Respondent ordered to pay $19,901.86 / Claim allowed.
-
NS v TN & C Ltd [2024] NZDT 544 (4 July 2024) [PDF, 110 KB] Contract / Fair Trading Act 1986 / Consumer Guarantees Act 1993 / Interest on Money Claims Act 2016 / Applicant booked accommodation run by Respondent / Respondent later cancelled booking / Applicant had to find alternative accommodation / Applicant claimed $29,302.90 for additional accommodation and travel expenses, hearing costs, interest and $23,000.00 for stress and inconvenience / Respondent counterclaimed $1,960.00 for time responding to claim / Held: mistake on Respondent’s part when he accepted booking / Respondent did not intend to mislead or deceive / Respondent failed to take reasonable care and skill / Applicant’s additional accommodation ($155.70) and travel ($309.70) costs were reasonably foreseeable consequential losses / Applicant suffered loss of enjoyment of not having holiday in intended location / $1,000.00 awarded for loss of enjoyment / Claims for costs not available / Interest not awarded / Respondent ordered to pay $1,465.40 / Claim allowed in part / Counterclai…
-
CN v L Ltd & U Ltd [2024] NZDT 493 (4 July 2024) [PDF, 221 KB] Contract / Respondent rebuilt Applicant's chimney that was damaged in an earthquake / Applicant was unhappy with Respondent’s work / Disputes Tribunal ordered Respondent to remove work and pay for installation of new firebox and flue / Respondent offered to resolve matter in alternative way by removing fire and flue system and paying Applicant $11,286.10 / Applicant agreed, provided that any additional costs of removal would not be at her expense / Applicant claimed $18,802.47, being cost paid to new contractor to install new fire and flue, less amount received from Respondent / Held: parties reached agreement to resolve Applicant’s original claim in alternative way to that ordered by Tribunal / Respondent breached that agreement, because entire fire and flue system was not removed as agreed, and there were additional costs Applicant had to pay / Applicant not entitled to entire cost of installation of new fire and flue system, as this was not part of alternative agreement / Respondent…
-
DM Ltd v BU [2024] NZDT 601 (3 July 2024) [PDF, 101 KB] Contract / Contract and Commercial Law Act 2017 / Applicant carried out a house move for Respondent / Applicant sent Respondent an invoice for $4,541.01 / Respondent did not pay invoice / Applicant claimed $5,200.00 for original invoice plus interest / Respondent claimed she was told the move would only take three hours and she should not have to pay for more than that / Respondent sought to set off the value of damage she claimed Applicant caused to a mirror and a light / Held: parties disputed phone conversation details regarding how long the move would take / Emails between the parties made it clear the move would be charged on an hourly rate and Respondent agreed to that in writing / Respondent liable to pay the invoiced $4,531.01 / Respondent entitled to compensation of $432.04 for broken mirror / Insufficient evidence that Applicant damaged the light / Not appropriate to award in interest / Respondent ordered to pay $4,098.97, invoiced amount less compensation for broken light / …
-
TE v CH [2024] NZDT 571 (3 July 2024) [PDF, 178 KB] Contract / Contract and Commercial Law Act 2017 / Applicant engaged Respondent's company to complete framing of Applicant’s house / Applicant claimed Respondent did not fulfil contractual agreement because roofing, plumbing and painting contractors had not completed work or it had not been done to standard required / Applicant claimed $29,956.50 damages for breach of contract / Held: contract between Applicant and Respondent was for framing only and did not include roofing, plumbing or painting / Applicant failed to prove Respondent was responsible for work carried out by other contractors / No intention to create legal relations when Respondent introduced the contractors to Applicant / Claim dismissed.
-
EI v EE Ltd [2024] NZDT 529 (3 July 2024) [PDF, 182 KB] Consumer law / Consumer Guarantees Act 1993 / Applicant stayed at a hotel operated by the Respondent / Applicant ordered a vegetarian omelette / Applicant was alarmed to discover there was bacon in the omelette, as she was a strict vegetarian / Applicant claimed $10,000.00 in compensation for the failure to provide her with food as ordered and for the distress and harm she suffered / Respondent accepted human error resulted in the wrong food being supplied to the Applicant / Respondent believed it had met its legal responsibilities for compensation, as it waivered a range of account charges for the Applicant/ Held: services were not supplied with reasonable care and skill / Acknowledged that the Respondent’s failure was confronting and distressing for the Applicant / No evidence of widespread failure with the Respondent’s food quality or compliance systems / Appeared to be an isolated incident caused by human error / Respondent offered reasonable compensation with full refund of failed…
-
TM v D Ltd [2024] NZDT 494 (3 July 2024) [PDF, 202 KB] Contract law / Applicant engaged Respondent to manufacture commercial signs for his business / Work was carried out and the signs delivered to Applicant / Applicant did not pay / Respondent came to Applicant’s premises and removed the signs / Applicant claimed $8,000 for replacement signage / Respondent counterclaimed $6,756.00 for unpaid invoices, cost of sign removal, administration and debt collection costs and undue stress / Held: Applicant not entitled to $8000 as contract said the signs remained the Respondent’s property until they had been paid for / Applicant breached contract by failing to pay outstanding invoice / Claim dismissed / Respondent ordered to pay Applicant $4,488.50 / Claim dismissed and counterclaim allowed in part.
-
BK & KK v Q Ltd [2024] NZDT 405 (3 July 2024) [PDF, 101 KB] Consumer law / Consumer Guarantees Act 1993 / Respondent installed water pump into Applicant’s lifestyle block / Water pump failed after 18 months of use / Applicant’s claimed $5,345.44 for the price of new pump and cost of travel / Held: water pump was not of acceptable quality / Applicant entitled to refund / Applicants entitled to compensation and cost of travel / Respondents to pay Applicants $5,345.44 / Claim allowed.
-
ED v NG [2024] NZDT 545 (2 July 2024) [PDF, 96 KB] Contract / Misrepresentation / Contract and Commercial Law Act 2017 / Applicant purchased second-hand vehicle from Respondent for $14,500 / Ad stated vehicle was in “very good condition for its age” / After noticing issues with vehicle, Applicant had it checked and was advised of significant failings, including a rusted out chassis / Applicant claimed $11,000 for cost of replacing chassis and tidying up other WOF issues / Held: Respondent misrepresented condition of the vehicle, as it was not “in good condition for its age” / Misrepresentation induced Applicant to buy vehicle / Respondent liable for cost of putting right the misrepresented condition of the vehicle / Respondent ordered to pay $11,000.00 / Claim allowed.
-
Q Ltd v U Ltd [2024] NZDT 454 (2 July 2024) [PDF, 212 KB] Contract / Consumer Guarantees Act 1993 / Respondent approached Applicant about supplying steel tables for plant trays to be used in Respondent's nursery business / Respondent was looking for 50 to 100 tables / Applicant provided estimates and table prototypes / Respondent did not purchase any tables / Applicant claimed payment of $7,963.75 invoice for labour costs producing prototypes / Held: Applicant's invoice for prototypes was not commercially reasonable / Implied term of contract that any price charged on parts and labour would be commercially reasonable / Respondent breached contract with Applicant by not paying for prototypes / Respondent only entitled to pay for actual cost of two prototypes built / Respondent ordered to pay Applicant $4,835.75 / Claim allowed in part.
-
T Ltd v G Ltd [2024] NZDT 519 (2 July 2024) [PDF, 156 KB] Contract law / Contract and Commercial Law Act 2017 (CCLA) / Applicant bought the rights to a distributor agreement from a third party and entered into a regional distributor agreement for a region / Third party sold cladding rights to Respondent / Respondent moved to an authorised reseller agreement / Applicants were offered an authorised reseller agreement but declined / Applicant claimed Respondent breached its distributor agreement as it was never terminated / Held: contract was cancelled by mutual agreement / Applicant not entitled to any relief under CCLA / Claim dismissed.
-
B Ltd v C Ltd [2024] NZDT 505 (2 July 2024) [PDF, 131 KB] Contract / Applicant had sublease agreement with Respondent / Applicant was to ensure that all fixtures and fittings were serviced regularly by a qualified service provider / Applicant stated they engaged a provider to service the equipment and that repairs were required / Invoices were sent to the Respondent but they refused to pay / Applicant claimed $3,361.33 for repair costs as well as compensation costs for business interruption and health and safety concerns due to delayed repairs / Respondent stated replacement of minor consumable items was part of the Applicant’s obligations to keep the equipment “serviced” / Held: obligation to repair fixtures and fittings remained with Respondent / If the parties had wanted to share repair costs it should have been specified in the agreement / Respondent ordered to pay Applicant $3,361.33 and reimburse all repair and replacement costs related to the fixtures and fittings / Not appropriate to make award compensation costs in the circumstances…
-
OT v F Ltd [2024] NZDT 399 (2 July 2024) [PDF, 93 KB] Consumer law / Consumer Guarantees Act 1993 / Applicant purchased a used car from dealership / After travelling 8,000km and within three-year warranty period, Applicant discovered water pump was leaking / Dealer could not find any coolant leak / After travelling further 40,000km, coolant pump and thermostat had to be replaced at cost of $2,439.04 / Applicant said coolant pump failure was a known fault and claimed reimbursement of replacement cost from Respondent manufacturer / Held: car was purchased second hand and Applicant had altered performance of the engine outside of the manufacturer specifications / Applicant did not provide evidence of a product recall in any jurisdiction for coolant pump or evidence that the part failed due to a manufacturing defect / Applicant failed to prove part was defective / Claim dismissed.
-
U Ltd v NG [2024] NZDT 492 (1 July 2024) [PDF, 198 KB] Contract / Fair Trading Act 1986 / Respondent obtained online estimate of $310.00 from Applicant for house cleaning services / Applicant sent confirmation email with its terms and conditions / Respondent overlooked confirmation email and obtained alternative prices, one of which he accepted / Applicant contacted Respondent with reminder on day before job was booked, Respondent advised he did not want the booking / Applicant claimed $217.00 cancellation charge / Held: parties entered into a contract / Terms sufficiently certain / Applicant engaged in misleading conduct by stating it was providing a quote when it was providing an estimate / Respondent did not suffer any loss from misleading conduct / Respondent ordered to pay Applicant $217.00 / Claim allowed.
-
LE v T Ltd [2024] NZDT 456 (27 June 2024) [PDF, 183 KB] Jurisdiction / Family Dispute Resolution Act 2013 / Applicant referred to Respondent's mediation services / Mediation did not proceed as "administrative withdrawal" was noted on records / Applicant claimed Respondent failed to provide adequate services and sought $630 compensation for legal costs / Held: Applicant's claim not within the Tribunal's jurisdiction / No contract formed between parties / Applicant did not select nor pay for Respondent's services / Respondent allocated to Applicant / Claim struck out.
-
GI v D Ltd [2024] NZDT 452 (27 June 2024) [PDF, 197 KB] Contract / Applicant entered into an agreement to rent cabin from Respondent / Parties dispute as to whether the contract was for a fixed term of 6 months and whether the cabin was returned in a dirty and damaged condition / Applicant claimed $95 for overpayment, refund of deposit and compensation for inconvenience and hurt feelings / Respondent counterclaimed compensation for carpet replacement, cleaning and painting, and rent / Held: not a term of the contract that there was a minimum hire of 6 months / Applicant not liable to pay additional $736.28 for rent / Applicant entitled refund for overpayment and deposit / Respondent entitled to claim $300 compensation for carpet replacing and cleaning / No breach of contract by Respondent to determine whether compensation for mental stress is justified / Respondent ordered to pay Applicant $95 / Claim dismissed.