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1753 items matching your search terms

  1. ADL v ZWO Ltd [2011] NZDT 163 (31 March 2011) [PDF, 61 KB]

    Contract / Consumer Guarantees Act 1993 / guarantee that goods comply with description / Applicant purchased a second-hand engine from Respondent which required additional parts for it to be installed in his vehicle / Applicant paid his mechanics to install the engine and for additional parts then claimed the entire cost of fitting the new engine / Applicant claimed that Respondent breached Consumer Guarantees Act 1993, guarantee that goods comply with description / Held: engine supplied by Respondent did comply with description / Applicant would have had to incur labour cost even if specific missing components were present as they would have needed to be replaced / rest of the parts could not be considered part of the motor but items that would typically need replacing at the time of engine replacement / claim dismissed.
  2. ADO v ZWL Ltd [2011] NZDT 160 (30 March 2011) [PDF, 70 KB]

    Limitation / Limitation Act 1950 / Applicant purchased vehicle from Respondent in 1996 / he was unable to afford repayments so it was returned in 1997 / in 1998 Respondent notified Applicant more money was owed, which was paid off over a number of years / Applicant claimed he did not owe the money and it should be repaid / Held: Applicant’s cause of action arose in 1998 when Respondent sought further payment / Applicant precluded from bringing action after 2004 under s 4(1) Limitation Act 1950 / s 24(b) Limitation Act 1950 could not provide relief to Applicant as he was not affected by disability “on the date when any right of action accrued” which was 1998 / Applicant’s claim outside limitation period / claim struck out.
  3. ADG v ZWT [2011] NZDT 173 (3 March 2011) [PDF, 78 KB]

    Limitation / Limitation Act 1950 / in 2003 Applicant provided legal services to Respondent and issued a number of invoices / Respondent paid invoices except for the final two which were revised by the Auckland District Law Society / Applicant issued revised statement in 2005 which was then paid by Respondent / Applicant claimed that it was entitled to appropriate Respondent’s payment in 2005 to the oldest invoice, that outstanding invoices was single debt thus part-payment extended limitation period to 2011 / Held: Respondent made no express appropriation at time of payment but it could be implied that it was intended to be appropriated against the last two invoices / Applicant was not entitled to appropriate Respondent’s payment to the oldest invoice / invoices in this claim comprised separate debts and each had a separate and distinct cause of action / Applicant’s claim time barred pursuant to s 4(1) Limitation Act 1950 / claim dismissed.
  4. ADM Ltd v ZWN and ADN v ZWM [2011] NZDT 162 (14 January 2011) [PDF, 104 KB]

    Contract / Fair Trading Act 1986 (FTA) / First Respondent hired a truck and excavator from First Applicant / truck collided with power pole while driving / First Applicant repaired the truck and claimed for the excess under terms and conditions / First Respondent counterclaimed that terms and conditions were misleading, excess and costs incurred / Held: First Applicant’s terms and conditions were clear that the hirer is responsible for any damage to hired equipment during term of hire / should the hirer pay “damage waiver”, hirer is then only liable for first $1,000.00 (plus GST) / First Applicant did not engage in misleading conduct under s 11 of FTA / First Respondent had opportunity to review terms and conditions and accepted / no suggestion made by First Applicant that “damage waiver” extended to third party damage / First Respondent formed mistaken impression of cover / claim allowed, counterclaim dismissed, First Respondent ordered to pay First Applicant $1,125.00.
  5. AED and AEE v ZVR [2010] NZDT 287 (26 November 2010) [PDF, 54 KB]

    Dog Control Act 1996 / damages under s 63(1) / claim for costs incurred as a result of attack by Respondent’s dogs on Applicants’ stock/ costs relate to sheep killed, veterinary bills and related expenses / dog owner liable under DCA, s 63(1) for damage caused by dogs / on balance of probabilities, dogs that attacked sheep likely to be Respondent’s dogs / Applicants’ neighbour made convincing identification that dogs caught by Applicants were the same dogs he saw the previous day running from Applicants’ property / First Applicant saw same dogs worrying sheep before she caught the dogs / Respondent identified as owner of the dogs / Respondent ordered to pay $2,789.90.
  6. ADW Ltd v ZWC Ltd [2010] NZDT 243 (25 November 2010) [PDF, 56 KB]

    Contract / declaration of non-liability / Applicant was fitting a premises with an outdoor awning / Respondent gave estimate for how much work would cost / total amount the Respondent invoiced exceeded estimates / Applicant claims it is not liable for the Respondent’s final invoice of $618.75 (incl GST) / contacts for work done imply a term that the price will be reasonable / where price is discussed the law follows the agreement between parties / where estimate is provided the courts will generally allow cost to vary by plus or minus 20 per cent / Respondent’s invoices were nearly twice its estimate / held that the Respondent charged more than it was entitled to pursuant to the agreement between the parties / Applicant not liable to pay the $618.75 (incl GST).
  7. ACB v ZYC and ZYB [2010] NZDT 77 (9 November 2010) [PDF, 79 KB]

    Fencing Act 1978 / Applicant claims boundary fence needs replacing / Respondents disagree, state fence only needs repairing / Applicant claims Respondents liable for half the cost of replacing the fence under the Act / Respondents counterclaim that fence only needs repairs / relevant law: ss 9, 22 and 24(a) of Fencing Act 1978 / adjoining occupiers of land not divided by adequate fence liable to contribute in equal proportions to cost of work on fence / Applicant’s reports show fence not adequate and repairs would not make it adequate / cheapest quote for replacing fence is $5,068.74 / Respondent liable under s 9 to contribute half the cost of replacing fence / given position of Applicant’s driveway, fence is to be built as close as practicable to the boundary line / Applicant’s claim allowed, Respondents to pay Applicant $2,534.37 within 21 days / Respondents’ counter-claim dismissed.
  8. ADZ v ZVZ [2010] NZDT 245 (3 November 2010) [PDF, 86 KB]

    Tort / negligence / Land Transport Act 1998 / Respondent while driving had diabetic hypoglycaemic episode, lost control of vehicle and collided with Applicant’s parked vehicle / Applicants claimed costs of repairing the damage / Held: medical evidence indicated that the diabetic hypoglycaemic episode was readily foreseeable / Respondent had condition for over 30 years, skipped dinner and undertook vigorous exercise / Respondent should have reasonably appreciated risk / claim allowed, Respondent ordered to pay Applicant’s insurer $13,182.09.
  10. ADX and ADY v ZWB and ZWA [2010] NZDT 244 (23 September 2010) [PDF, 94 KB]

    Contract / Minors’ Contracts Act 1969 / Second Respondent is a minor and agreed to sell horse to Applicants / parties agreed that First Respondent acted as Second Respondent’s agent and had authority to sell horse / after Applicant paid agreed sum, Second Respondent changed his mind about selling horse / Applicants claimed for enforcement of contract / Held: Second Respondent’s reason for wanting to cancel contract was his deep attachment to horse / ordinarily this is irrelevant but Tribunal is to take wider perspective under s 6(3) Minors’ Contracts Act 1969 / having regard to subject matter and nature of contract, it was not appropriate to enforce contract although it was fair and reasonable / Applicants entitled to compensation under s 7(1) Minors’ Contract Act 1969 for inconvenience, expense and emotional impact / claim dismissed, Second Respondent ordered to pay Applicants $1,000.00 compensation.
  11. AEA v ZVU Ltd [2010] NZDT 251 (3 September 2010) [PDF, 80 KB]

    Consumer Guarantees Act 1993 / guarantees as to acceptable quality and fitness for purpose / Applicant purchased a pair of basketball shoes made by a major shoe manufacturer / claimed the pull tab on the shoe had agitated his ankle and caused bleeding / sought refund on the basis that the shoes were not reasonably fit for the purpose for which the supplier represented they would be fit under s 8(1)(b) / Applicant made his own shoe selection and did not rely on the Respondent’s staff’s expertise / Respondent produced evidence showing this and a similar style of shoe had been sold in New Zealand without complaint / evidence from podiatrist suggesting Applicant was not wearing correct socks for his foot size / held that the Applicant’s injury was likely to be a case of needing to “wear in the shoes” and blisters are not uncommon with new shoes / claim dismissed.
  12. AAT and AAU as Trustees of LM Trust v ZZH [2010] NZDT 17 (24 August 2010) [PDF, 95 KB]

    Contract / lease / implied terms / Respondent leased farm property from Applicants (trustees of LM Trust) / under Lease, the lessee was not required to leave any silage / however after lease was signed there was oral agreement between parties that Respondent could use part of a silage pit as long as it was replaced at end of the lease / Respondent emptied silage pit but did not replace it on termination of lease / Applicants claimed for the value of silage / Held: it could not be found that oral agreement existed given the conflict of recollections and lack of documentation / insufficient evidence to find there was meeting of the minds on the matter / requirement to replace could not be implied as it was inconsistent with express terms of the Lease and could also not be implied by custom or usage / claim dismissed.
  13. AAX and AAY as Trustees of AP Trust v ZZF Ltd [2010] NZDT 18 (13 August 2010) [PDF, 87 KB]

    Contract / insurance policy / Applicants purchased insurance policy for their property underwritten by Respondent / two claims were made under the policy (2006 and 2009) / for 2006 claim, Respondent only paid out on one item claimed as it took the view that an excess applied to each item and only one item was recoverable / for 2009 claim, Respondent deducted a landlord excess rather than an owner occupied excess / Applicants claimed for the items not paid out in the claims / Held: policy enabled Applicants to aggregate their claims entitling Respondent to only deduct one excess / policy could be read as enabling aggregation of related claims to avoid multiple excesses / damage from Applicant’s tenancy to be considered as a “series” of events from one original source / Distillers Co Bio-Chemicals (Aust) Pty Ltd v Ajax Insurance Co Ltd (1974) 130 CLR 1 / Pacific Dunlop Ltd v Swinbank (1999) 10 ANZ Insurance Cases 61-439 / distinguished QBE Insurance Ltd v MGM Plumbing Pty Limited [2003] …
  14. AAR and AAS v ZZI Ltd [2010] NZDT 14 (21 July 2010) [PDF, 91 KB]

    Contract / Contractual Remedies Act 1979, Contractual Mistakes Act 1977 and non est factum / Applicants entered into Agreement for Sale and Purchase of property from Respondent and paid deposit / however, settlement never took place as Applicants thought property included a garage and library but Agreement only related to the garage / Applicants claimed the return of their deposit / Held: there was insufficient evidence to establish that Respondent misled Applicants / parties were at cross-purposes, only Applicants were mistaken about the subject matter of Agreement thus no mutual mistake / relief precluded by s 6(2)(a) Contractual Mistakes Act 1977 / Applicants did not exercise reasonable care to establish contents of Agreement, therefore could not rely on plea of non est factum / claim dismissed.
  15. AAB v ZZY [2010] NZDT 20 (21 July 2010) [PDF, 86 KB]

    Contract / Contractual Remedies Act 1979 / Contractual Mistakes Act 1974 / Applicant entered into a contract to purchase Respondent’s takeaway business / Applicant paid deposit upon signature, with settlement to take place one month later / realised deep fryer and fan were not part of the sale shortly before settlement / sought to cancel the agreement and return deposit / claim for $1,000 for deposit / Respondent counterclaimed for $9,000, seeking completion of the purchase / held that the Applicant was unable to establish that they agreement, construed objectively, obliged the Respondent to supply all furniture and fittings / Applicant failed to establish that the Respondent had ever represented that he owned the deep fryer, fan or other chattels, so claim under Contractual Remedies Act failed / no unilateral or mutual mistake for purposes of s 6 of the Contractual Mistakes Act / not just for the Respondent to enforce the agreement and require balance to be paid when parties had negot…
  16. AAQ Ltd v ZZJ, ZZK and ZZL [2013] NZDT 13 (16 April 2010) [PDF, 84 KB]

    Consumer Guarantees Act 1993 / guarantees as to acceptable quality and fitness for purpose / Applicant purchased diesel from First Respondent’s petrol station / almost immediately after purchasing the diesel, the Applicant’s Landcruiser’s engine failed due to a breakdown in the vehicle’s fuel injection system /  repairs cost over $12,250 / held that CGA applied as diesel fell within the definition of a “good” under the CGA, and it was sold in trade by the First Respondent / also a claim against the Second Respondent, the New Zealand company the distributed the fuel to petrol stations as “manufacturer” / held that the engine failure was caused by fuel contaminated by water / First Respondent had failed to maintain diesel tank resulting in higher-than-normal water levels in the diesel / First Respondent liable under the CGA / Second Respondent not liable under the CGA as there was not evidence to suggest the fuel was contaminated when it was delivered to the First Respondent / 30 per cen…
  17. AAF and AAG v ZZU [2010] NZDT 45 (26 February 2010) [PDF, 71 KB]

    Jurisdiction / personal injury / Disputes Tribunal Act 1988 / Applicants claimed damages against Respondent for negligent health care services including damages for emotional harm, anxiety and stress / matter was investigated by Health and Disability Commissioner / Respondent refunded cost of treatment / Held: Applicant’s claim is founded on tort of negligence causing personal injury and emotional harm / personal injury claims exclusively covered by Injury Prevention Rehabilitation and Compensation Insurance Act 2001 / therefore, claim outside jurisdiction of Tribunal / claim struck out.
  18. AGP v ZTZ Ltd [2009] NZDT 554 (23 November 2009) [PDF, 69 KB]

    Jurisdiction / Disputes Tribunals Act 1988 / Applicant purchased new motor vehicle from Respondent / automatic transmission failed / Applicant claimed for the cost of repair as vehicle was not of “acceptable quality” under the Consumer Guarantees Act 1993 (CGA) / Held: Motor Vehicle Disputes Tribunal has jurisdiction to deal with claims under the CGA against motor vehicle traders / claim more properly determined there with the assistance of a specialist assessor / claim transferred to Motor Vehicle Disputes Tribunal.
  19. ADC v ZWY [2009] NZDT 199 (31 July 2009) [PDF, 76 KB]

    Contract / Contractual Remedies Act 1979 (CRA) / Applicant engaged Respondent to sew garments / Applicant notified Respondent that she would be stopping payments because she was dissatisfied with the workmanship and the garments were not of the required standard / Respondent claims for payment of invoice and Applicant claims for the cost of the materials used for the sewing of the garments / Held: implied term of the contract that sewing would be done to an acceptable standard / essential term / Applicant entitled to cancel the contract in accordance with s 7 of the CRA / s 9 of CRA allows an order for damages when contract is cancelled by any party / no compensation payable to Respondent for her performance of the contract as the garments have no value / Applicant’s counterclaim successful, Respondent’s claim dismissed / Respondent to pay Applicant $223.44.
  20. AAD v ZZW LTD [2009] NZDT 9 (9 June 2009) [PDF, 70 KB]

    Contract / Sharemilkers Agreements Act 1937 / Applicant was appointed by the Respondent and a third party to act as a conciliator in sharemilking dispute / both parties agreed to pay half the costs of the conciliation / Respondent had not paid its account and considered the work done by the Applicant to be in breach of her contract as a conciliator / held that the Applicant failed to carry out her role as conciliator with reasonable skill and care, and in accordance with the Sharemilking Agreement / conciliator was obliged to immediately convene a hearing between parties; to assist parties to reconcile their views on the dispute to reach an amicable settlement, and to provide independent and impartial assistance / was not relevant that the Applicant was not a member of a professional body of mediators, or that she failed to complete the conciliation in the timeframe envisaged under the Sharemilking Agreement / held that the failings in the process adopted by the Applicant significantly…