Disputes Tribunal of New Zealand

Contract law / Applicant was a commercial real estate broker contracted to Respondent / Applicant worked as local agent to sell property / Applicant discussed property with client / Property did not sell during the sole agency period and listing was opened to other agencies / Property eventually sold to a company whose sole director was son of client / Sale of property brokered by different company / Applicant claimed entitlement to commission on sale under terms of contract / Held: purchaser was not the Applicant's client / Client's son was the effective decision maker and he was introduced to the property by another company / Applicant not entitled to recover commission on the sale / Claim dismissed.

Contract / Consumer Guarantees Act 1993 / Applicant bought TV from respondent / TV stopped working / Respondent advised that TV could be repaired in about 7 working days once part arrived / Applicant requested replacement TV / Service technician told not to complete repair as TV could be replaced / Applicant wanted TV to watch a sports event / Applicant claims compensation for stress and time spent locating and collecting replacement TV / Held: no failure of guarantee by Respondent / Applicants claimed losses were not reasonably liable to result from any failure / Act not intended to protect against all hassle or inconvenience / Outcome: claim dismissed

Contract / Misrepresentation / Contract and Commercial Law Act 2017 / Applicant purchased vehicle from Respondent / Vehicle found to have mechanical hard fault causing shuddering and new transmission required / Applicant claimed repair and diagnostic assessment costs $5,474.85 / Held: Applicant persuaded to purchase vehicle on basis of Respondent's statement that shuddering is not an issue  / Applicant entitled to be placed back to the position he would have been in had the representation been true / Respondent ordered to pay Applicant $5,474.85 / Claim allowed.

Contract / Applicant applied to rent room in Respondent’s flat / Respondent said Applicant could move in, pending payment of bond / Applicant unable to pay bond on agreed date, Respondent agreed to allow more time, then changed mind and withdrew offer to rent room to Applicant / Applicant claimed loss of $1,100.00 / Respondent counterclaimed $950.00 / Held: no valid and enforceable contract between parties / Terms of agreement still being changed when Respondent withdrew offer, and bond as consideration had not been paid / Claim and counterclaim dismissed.

Contract / Co-Applicant engaged by Respondent to supply and install fibre-glass swimming pool / Applicant contracted to carry out earthworks required for pool installation / Pool installation delayed / Installation price increased / Pool colour not the colour chosen by Respondent / Applicant claimed unpaid balance of invoiced amounts / Held: contract terms and conditions allow Applicant to alter or amend estimate costs therefore Respondent is liable to pay Applicant actual invoiced cost of earthworks variation / Applicant entitled to pay reinstatement work incurred by Respondent / Applicant liable to refund price increase to Respondent / Applicant breached contract by supplying different pool to Respondent / Reduction in cost of pool shell charged an appropriate level of damages / Respondent ordered to pay Applicant $6,519.63 / Co-applicant ordered to pay Respondent $18,905.50 / Claim allowed in part / Counter-claim allowed in part.

Negligence / Land Transport Act 1988 / Land Transport (Road User) Rule 2004 / Collision between Applicant and Respondent’s vehicles at a roundabout / Dispute over which party was at fault / Applicant and her insurer claimed the cost of car repairs of $6,017.15 / Held: insufficient reason overall to prefer one account over another / Respondent not liable to pay for damage / Both parties bear the costs of their own repairs / Claim dismissed.

Contract / Applicant had house sharing agreement with the Respondent and another couple / Respondent was leaseholder of flat / Applicant paid $285 per week for room and $25 for expenses / Applicant claimed she was overcharged by Respondent for entire duration of her stay / Applicant said fair rent should be $195 per week / Applicant sought refund of estimated overpaid rent / Applicant also claimed when other couple in the apartment vacated they were refunded $108 from expense account but she did not receive anything / Applicant claimed $1188.00, $108 for surplus expenses and $90 per week overpaid rent for 12 weeks / Held: house sharing agreement was binding agreement between Applicant and Respondent / Once Applicant signed agreement she was bound to pay weekly rent and expenses as stipulated / No misrepresentation from Respondent that induced Applicant into the agreement / Not satisfied that there was any amendment to housing sharing agreement reducing Applicant’s rent / No legal power…

Contract / Fixed Price Building Contract / Applicant entered contract to purchase house and land package from Respondent / Applicant advised some aspects had not been completed at handover / Fridge water was a term in the contract / External stairs were not a term in the contract / No agreement made to vary the contract by removing bifold doors in the kitchen / Applicant not liable for work completed under stairs as no evidence that the change would be on a charge up basis / Held: Applicant successful for a refund of $220.00 paid for fridge water / Balance of claim for compensation struck out

Contract / Respondent booked one of Applicant’s bands for an event for $3,702.50 / Full payment was to be made 14 days prior to performance / Respondent agreed to terms proposed by Applicant / Respondent paid $289.50 deposit / Applicant said it was entitled to full payment / Respondent refused to pay $3,412.70 balance / Respondent said band started late and music was too slow to dance to / Applicant said it was unaware a dance band was required / Applicant sought an order that Respondent was liable to pay $4,206.00, for balance and related costs / Respondent counterclaimed that Applicant was liable to pay damages of $6,800.00 / Held: Respondent entitled to balance / Unable to find Applicant breached contract / Respondent did not specify it wanted a dance band until night of event / Respondent ordered to pay $3,412.70 / Claim allowed and counterclaim dismissed.

Contract / Contract and Commercial Law Act 2017 / Applicant contracted Respondent to move their household goods / Respondent contracted to provide 20ft container for $3,795 / Applicant's goods overflowed and second container required / Applicant protested rate charged by Respondent for second container and claimed refund / Held: Applicant accepted rate proposed by Respondent in its email and on payment of amount / Contract has been fully performed / No refund awarded / Claim for compensation for damage to or loss of plants cannot be upheld / Claim dismissed.

Contract / Applicant purchased vehicle from Second Respondent in private sale / Applicant arranged for pre-purchase inspection with First Respondent / Five months later engine overheated / Suspected blown head gasket with possibility of cracked head / Applicant claims for a refund of the purchase price / Held: Second Respondent did not mispresent the condition of the vehicle / First Respondent did not fail to carry out the inspection with reasonable care and skill / Applicant could not prove there was any failure on part of either Respondents / Outcome: claim dismissed

Negligence / Dog Control Act 1996 / Applicant took her dogs on leads to a park / Applicant and her dogs encountered Respondent and his dog, who was running loose / Dogs fought / One of the Applicant’s dogs was injured and required vet treatment / Applicants sought compensation for $597.80 vet bills / Held: established that Respondent’s dog injured Applicant’s dog / After dogs fought Applicant’s dog was injured / No other dogs involved in fight / Respondent liable for compensation for vet bills / Respondent ordered to pay $597.80 / Claim allowed.

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased motorhome from Respondent / Motorhome would not engage gears while travelling and required repairs / Applicant claimed repair and towing costs / Held: evidence showed premature failure of parts in transmission of motorhome / Respondent had opportunity to repair motorhome when notified but failed to be involved / Applicant entitled to all repair costs and consequential loss / Respondent ordered to pay Applicant $22,257.95 / Claim allowed.