Disputes Tribunal of New Zealand

Contract / Applicant engaged Respondent as property manager for rental property / Applicant terminated contract after multiple significant water leaks occurred / Applicant claimed Respondent provided incorrect advice that leaks had been resolved, failed to address leaks in timely manner, and had failed to obtain consent for initial plumbing work / Applicant claimed $4985.57: $3290.61 in water charges, $971.04 refund of initial plumbing invoice, and $500.00 compensation for time resolving issues / Held: Respondent did not breach contract for arranging initial plumbing work / However, Respondent’s property manager was liable for making unwarranted assumption after seeing water maintenance trucks that water main issue had been resolved / Respondent must pay Applicant $2472.38 for excess water bills resulting from breach / Applicant not entitled to additional damages / Claim allowed.

Tort / Remedy / Applicant and Respondent involved in vehicle collision / Applicant claimed damages from Respondent / Value of damages to be claimed in dispute / Held: Respondent liable to Applicant for repair costs and not pre-accident value of vehicle / Respondent's insurer paid Applicant's insurer discharging Respondent's liability to Applicant / Claim dismissed.

Contract / Applicant lent respondent loan of $31,117.56 / Respondent paid back $13,600.00 then stopped making repayments / Applicant and his wife then separated and relationship property was split – including the loan / Applicant’s wife forgave her share of the loan / Applicant claims $8,758.78, being one-half of the balance owing on the loan of $17,517.56 / Held: Applicant and wife jointly owned the loan debt and any repayments made prior to their separation / Applicant then owns a half share of the balance owing on the loan / Respondent is to pay Applicant $8,758.78 / Claim granted.

Contract / Disputes Tribunal Act 1988 / Applicant and Respondent owned flats next door each other that were subject of a cross-lease / Applicant suggested to Respondent to update cross-lease and Respondent agreed / Applicant said Respondent agreed to pay half the cost of legal and surveying and other fees in cross-lease transaction / Respondent refuses to pay / Applicant claimed $3,899.48 which is half of the costs / Held: Applicant provided insufficient evidence to prove Respondent agreed to contribute towards costs relating to cross-lease transaction / Respondent's property gained new exclusive use areas which would likely make property more attractive to potential future purchasers / 20% contribution from Respondent towards total costs is reasonable / Respondent ordered to pay Applicant $1,559.79 / Claim allowed in part.

Contract / Contract and Commercial Law Act 2017 / Applicants engaged Respondent to build house / Agreed completion date was 30 April 2021 / Work was not completed and Applicants cancelled contract in October 2022 / Applicants presented list of items left unfinished and costs of completing them / Applicants claimed $30,000.00 towards losses suffered / Held: Respondent’s behaviour made it clear it did not intend to complete obligations under contract, Applicants were entitled to cancel contract / Respondent ordered to pay Applicants $23,474.50, and Applicants entitled to $6,525.50 held in lawyers escrow account / Claim allowed.

Negligence / Applicant operated an inner city superette / Applicant stated Respondent came into the shop, and as he was serving her, her son’s scooter collided into one of the shop windows and damaged it / Applicant claimed $744.00 to replace damaged shop window / Held: no act of negligence on behalf of Respondent / Respondent’s son was supervised outside by adult / Respondent’s conduct as a parent was reasonable / Evident the Applicant suffered a loss but not all losses are recoverable / Applicant not shown that the damage was caused by Respondent’s act of negligence / Claim dismissed.

Contract / Contract and Commercial Law Act 2017 / Applicants purchased vehicle for $6,800 from Respondent, selling on behalf of his parents / Car had obtained warrant in month before sale / Applicant queried if car had any issues or had been in accident, Respondent said not that he knew of / Applicants took vehicle to two auto-repairs specialists, who advised car appeared to have been damaged in accident / Applicants alleged Respondent misrepresented car’s condition, that car was unsafe, claimed refund / Held: not known when any accident happened / No evidence car unsafe / No evidence Respondent had work done on vehicle to conceal defects after it obtained warrant / No evidence Respondent misrepresented vehicle / Claim dismissed.

Consumer Guarantees Act 1993 / Applicant took vehicle to Respondent for repair of engine light / Respondent checked and replaced spark plugs, coils and other parts / Car broke down after overheating on the way home / Applicant seeking refund, rental car costs and petrol costs / Whether repairs done with reasonable skill and care / Held: on the balance of probabilities the issues with the car overheating were more likely to be existing / Issue not related to work carried out by Respondent / Claim dismissed

Contract / Consumer Guarantees Act 1993 / Fair Trading Act 1986 / Applicant bought flight tickets for her parents from Respondent / Applicant's parents not allowed to board flight as name recorded on ticket not the same as name recorded on passport / Respondent unable to assist Applicant on time / Applicant claimed $2,828 compensation for missed flights / Held: Respondent not liable for Applicant's loss / Warning on booking page notified Applicant that Respondent is unable to assist in correcting names in tickets once booking is confirmed / Applicant should have been informed return tickets would be cancelled / Respondent did not commit any statutory or contract breach / Applicant can claim cost of return flights / Respondent ordered to pay Applicant $1,414 / Claim allowed in part.

Negligence / Applicant owns microlight aircraft that he stored in his parent’s shed / Applicant claimed Respondent moved his aircraft and damage was incurred as a result / Applicant claimed cost of repair of $15,452.29 / Held: no evidence the Respondent damaged the aircraft when moving it nor are they responsible for any subsequent deterioration / Claim dismissed.

Contract / Limitation Act 2010 / Fair Trading Act 1986 / Consumer Guarantees Act 1993 / Accident Compensation Act 2001 / Applicant consulted Respondent about hair loss and paid $4,361 for glued-on wig / Applicant experienced bad burning to scalp and returned for four maintenance appointments / Applicant had her head shaved and was later medically diagnosed with auto-immune condition / Applicant claimed $10,000 for damages / Held: any part of claim not barred under the Limitation Act 2010 comes within the exclusive jurisdiction of the Accident Compensation Act 2001 / Claim struck out.

Contract / Contract for applicant to supply respondents with materials required to build log house / Applicant claims sum comprised of two invoices / First for materials and labour / Second for LVL beams / Respondents counterclaim for payment relating to shipping and import costs / Held: respondents must pay first invoice, no prejudice by timing of invoice / Respondents not obliged to pay second invoice, use of LVL not authorised / Counter claim dismissed, was made reasonably clear respondents would need to pay for importing and shipping materials / Outcome: claim allowed, respondents to pay applicant $3,904.38