Disputes Tribunal of New Zealand

Contract / Tort / Consumer Guarantees Act / Applicant had vehicle serviced by Respondent / Applicant noticed hole in glove box some weeks later / Applicant believed hole was damage caused by Respondent / Applicant claimed $1999 compensation / Held: unlikely damage was caused by Respondent / Reasonably probable that damage was pre-existing, as Applicant had recently purchased vehicle second hand / Respondent had robust system for reporting damage, but no damage reported regarding work on Applicant’s vehicle / Claim dismissed.

Contract / Contract and Commercial Law Act 2017 / Applicant purchased a horse from Respondent / While negotiating purchase Applicant enquired about horse’s medical condition and history / Respondent advised horse had never been to a vet / Applicant purchased horse for $12,000.00 / Applicant later discovered a large sarcoid on the horse’s stomach / Applicant contacted Respondent who told her she had been told by her vet that it was ‘just cosmetic’ / Applicant’s vet examined horse and advised that the sarcoid be treated / Applicant contacted Respondent to cancel contract and asked for a full refund / Respondent refused / Parties unable to reach a resolution / Applicant sought $12,350.00 for a refund of the purchase price and other costs / Held: Respondent had a duty to disclose horse’s medical condition after Applicant’s enquiry / Misrepresentation made about condition of  horse / Applicant induced into contract by misrepresentation / Applicant entitled to a remedy that would put her bac…

Contract / Consumer Guarantees Act 1993 / Second Respondent contracted with Applicant for supply of solar panels, batteries, inverter and other components for off-grid power system / Second Respondent only supplied solar panels / Applicant therefore claims for cost of grid power usage / Held: Applicant’s claim for $1,931.92 for cost of power is proved / Second Respondent to collect goods supplied after they refund purchase price / Second Respondent to pay Applicant $26,081.92 / Claim against first Respondent dismissed

Contract / Applicant purchased car from Respondent / Parties agreed Respondent would use proceeds of sale to pay off security interest still attached to car / Applicant filed claim as Respondent had not paid off security interest, but Respondent made payment prior to hearing / Applicant proceeded with claim, claimed $1000 compensation for stress and inconvenience and punitive damages / Held: Tribunal cannot award punitive damages / Claims for stress and inconvenience usually unsuccessful / Applicant entitled to $150 paid to store car while waiting for security interest to be lifted / Respondent ordered to pay Applicant $150 / Claim allowed in part.

Negligence / Duty of care / Land Transport (Road User) Rule 2004 / Fencing Act 1978 / Respondent previously occupied adjoining property to Applicant's property / Respondent damaged brick boundary fence between properties / Respondent repaired fence but Applicant described repairs as poor quality / Applicant claimed $6,695.65 for repair costs and losses / Held: damage to fence resulted from Respondent's failure to take reasonable care / Respondent not entitled to paint the street frontage of fence / Respondent ordered to pay Applicant $4,405.65 / Claim allowed

Contract / Contract and Commercial Law Act 2017 / Applicant purchased bike from Respondent / Applicant took bike to original retailer for repairs / Retailer told Applicant bike had been stolen from them so was not covered by warranty / Applicant claimed refund from Respondent / Held: bike most likely stolen from original retailer before it was sold to Respondent / Buyers of stolen goods cannot obtain or pass on title / Implied condition of sale that seller has right to sell goods / Applicant entitled to cancel contract with Respondent and obtain refund / Respondent ordered to pay Applicant $7,700 / Claim allowed.

Contract / Applicant had vehicle repaired by Respondent / During repair Respondent loaned applicant courtesy vehicle / Terms of loan for courtesy car agreement include a $750 insurance excess and for hirer to be accountable for any panel or paint damage up to this amount / Respondent claimed Applicant damaged vehicle during hire / Respondent seeks payment of insurance excess plus collection costs / Applicant denied damaging vehicle and any liability to respondent / Held: Respondent hasn’t proven any loss under the contract / No evidence of damage / Disputed debt should not be placed in hands of debt collector / Claim allowed and counterclaim dismissed.

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased a car from Respondent / Week after purchase car was broken in to and damaged / After break-in electric control of window no longer worked / Applicant claimed fault diagnosed as an electrical issue so not related to break-in / Applicant claimed estimated repair costs of $621 / Held: no evidence presented to indicate cause of window fault was unrelated to break-in / Claim not established on the balance of probabilities / Claim dismissed.

Contract / Contract and Commercial Law Act 2017 / Property Law Act 2007 / Applicant leased land to Respondent on month-to-month basis / Respondent missed number of rent payments / Parties disputed when lease was terminated / Applicant claimed $6983.32 in missed rent / Held: agreement ended when Respondent made intention to cancel contract known to Applicant / This was three months after termination date claimed by Respondent / Lease ran for eight months, five days, not nine months as claimed by Applicant / Respondent ordered to pay Applicant $5465.94 / Claim allowed.

Tort / Negligence / Rule 5.9(3) of the Land Transport (Road User) Rule 2004 / Respondent’s car hit Applicant’s car / Applicant claimed Respondent liable to pay for damage / Respondent claimed he was not liable as a third party shunted his car and caused collision / Held: respondent not liable / On balance of probabilities, third party shunted Respondent’s car and Respondent’s driving not cause of collision / Claim dismissed.

Contract / Loan / Applicant provided Respondent with a loan / Applicant claimed Respondent had stopped communicating with them and failed to repay the loan in full / Applicant sought $16,774.94, $11,612.97 for outstanding loan plus interest and inflation / Held: outstanding amount of $11,612.97 owed by Respondent made out / Interest rate Applicant sought was exorbitant so reduced to courts prescribed interest rate totalling $422.70 / Additional costs for inflation not allowed / Respondent ordered to pay Applicant $12,035.67 / Claim allowed in part.

Contract / Fair Trading Act 1986 / Contract and Commercial Law Act 2017 / Applicant bought caravan from Respondent, selling on behalf of third party / Third party did not want to sell caravan after Applicant asked for certain specifications prior to delivery / Applicant claimed for Respondent to supply equivalent caravan in certified and compliant state at agreed price, or compensation of $12,250 / Held: Applicant did not suffer any loss from breach by Respondent as Applicant knew of issues and decided to purchase anyway / Applicant unable to prove misrepresentation induced him to enter contract with Respondent to purchase caravan / Respondent did not fail to meet legal obligations for WOF and registration / Respondent breached Agreement when it cancelled Agreement and returned deposit to Applicant / Respondent ordered to pay Applicant $1,600 / Claim partially allowed.

Contract / Applicant parked in private parking spot managed by Respondent / Respondent issued breach notice to Applicant’s previous address / Applicant received notice after due date and paid $245.00 to Respondent and explained notice had been sent to previous address / Respondent sought further late fee of $75.00 / Applicant refused to make further payment / Applicant claimed refund of $245.00 fee, declaration they were not liable for further $75.00 fee and $200.00 for stress and anxiety / Held: Applicant trespassed on land / Applicant entered into contract with Respondent / Contract terms set out $95.00 infringement fee / Any further fees not clearly signposted / Applicant not entitled to compensation for stress and anxiety / Respondent to refund Applicant $150.00 / Claim partially upheld.