Disputes Tribunal of New Zealand

Contract / Applicant ordered metal profiles from Respondents and paid contract price in full / Order too large and was to be sent in two shipping containers / Second part of the order did not leave Respondent’s warehouse and alternative transport arrangements were not made / Respondent could not find order when contacted / Applicant claims they cannot use the product anymore as it has expired / Held: Product is to be made for collection immediately by Respondent / Respondent will need to recoat the metal / Respondent to pay Applicant if product is not available to be collected / Respondent to pay Applicant $4000 if product not available / Claim allowed.

Contract / Applicant’s vehicle broke down and asked Respondent to tow for inspection / Applicant and Respondent had a miscommunication regarding repair of vehicle / Applicant requested Respondent to tow vehicle back to her home / Applicant financed another vehicle / Applicant claims $1611 in loss of transportation and income / Respondent counter claims $608.35 for spare parts / Held: No agreement had been reached by the Respondent and Applicant about the repair cost of the vehicle / Applicant is liable to pay the towage and inspection fees only / Respondent not liable to pay loss of transportation and income of Applicant / Applicant to pay Respondent $391 / Claim partly dismissed.

Contract / Respondent contracted Appellant to supply and install windows and doors for total sum of $30,466.00 / workmen found additional work necessary to fulfil original contract / Respondent and Appellant agreed to extra work being added to contract price / Respondent was unable to get bank loans necessary to fund extra work / Respondent cancelled contract / Appellant claims $3,615.94 for work already done / Respondent claims contract conditional upon financing / Held: Contract is enforceable and is not subject to Respondent’s ability to get financing / Respondent to pay Appellant $3,615.94 / Claim granted.

Contract / Bailment / Applicant hired First Respondent to perform certification on his vehicle / First Respondent discovered minor defects requiring remediation / First Respondent delivered vehicle to Second Respondent's workshop for repair / Second Respondent unable to start work immediately / Second Respondent left vehicle in customer parking area / Vehicle was stolen and not recovered / Applicant claimed $30,000 / Held: neither Respondent breached any legal duty owed to Applicant / Claim dismissed.

Contract / Applicant and Respondent entered into a sales and purchase agreement for a house / Applicant identified issues that she advised her real estate agent about during a pre-settlement inspection / Applicant claimed $1206.44 in damages for repair or replacement / Held: Equipment to be handed over in a reasonable working order / Respondent to pay damages / Respondent to pay Applicant $506.95 / Claim allowed.

Contract / Consumer Guarantees Act 1993 / Applicant purchased cabin from Respondent / Cabin was damaged / Applicant claim damage a result of poor packaging by Respondent / Applicant claims refund of cabin cost and cost of transporting cabin to their property / Held: Respondent to refund cost of cabin and additional transport cost / Respondent to collect cabin from Applicant / Respondent to pay Applicant $8,887.00 / claim allowed.

Negligence / Applicant hit pothole in vehicle causing damage to a tyre / Applicant contacted Respondent who sent contractors to fix pothole within 75 minutes / Applicant claimed Respondent knew about the pothole and failed to warn motorists / Applicant claimed compensation for loss that his insurer has not covered / Respondent claimed they had no previous knowledge of the pothole / Held: if the Respondent did owe motorists a duty of care in this instance, then it had not breached that duty as it responded quickly to fix the issue / Claim dismissed.

Contract / Respondent contacted the Applicant regarding purchase of quail eggs and quails / Email communication ensued between the parties regarding quail purchase / Proposal to send eggs was sent by Applicant which the Respondent did not respond to / Applicant claimed $70 from Respondent for eggs and freight costs / Whether there was a contract between the parties / Whether the Applicant was entitled to payment for the eggs and freight costs / Held: no contract was formed / Acceptance of an offer had to be communicated to the offeror for it to be effective / Respondent expressed a willingness to proceed with negotiations / Not enough to amount to a concluded contract / Claim dismissed.

Negligence / Land Transport (Road User) Rule 2004 / Applicant was towing a trailer / Respondent was following Applicant / Applicant and Respondent collided / Applicant claimed she indicated to turn, however had disconnected the plug between her car and trailer lights / Respondent did not see the indicator or brake lights / Respondent insurer claimed $18,203.62 for the cost of repairing Applicant's vehicle / Held: not being able to see the brake lights and indicator on the trailer was a major contributing factor to collision / Applicant should have used a hand signal to show she was turning / Applicant must bear the majority of the costs according to their respective contribution being 75:25 / Applicant ordered to Respondent's insurance company $13,650.00 / Claim granted in part.

Contract / Consumer Guarantees Act 1993 / Applicant rented a brand new cabin from Respondent / Applicant reported a chemical smell in the cabin which made her unwell / Applicant requested an older cabin / Respondent agreed but said it would incur an additional collection and delivery cost / Applicant then cancelled the contract / Applicant claimed $1,125.75 for bond, rent, collection and delivery fee / Whether cabin was fit for purpose / Held: Applicant had a sensitivity to chemicals used in the construction process / Not reasonable for the Respondent to decline her request for a replacement cabin at no extra charge / Respondent ordered to pay Applicant $600.00 for bond refund, the final weeks rent and the collection component of the delivery fee / Claim granted in part.

Contract / Contract and Commercial Law Act 2007 / Applicant contracted Respondent to build deck / The agreement was to pay 25% of contract price before works commence, another 25% once work has started and 50% after work is completed / Respondent asked for advance payment to acquire materials / Applicant paid a total of $7,500 / Respondent did not complete build / Applicant claims $6,000 refund / Held: The contract terms were that the Applicant would pay 25% before and during the construction of the deck and 50% after completion / Respondent did not complete its obligations to Applicant / Respondent to pay $6,000 to Applicant / Claim allowed.

Contract / Applicants' late uncle entered private loan agreement with Respondent / Respondent paid two repayments of $1,000 each / Outstanding balance of $9,000 agreed to be paid in full by due date / Respondent did not pay after Applicants' uncle passed away / Applicants claim outstanding balance plus interest / Held: Respondent liable to pay outstanding balance with interest / Claim allowed / Respondent ordered to pay Applicant $9,439.51.