Disputes Tribunal of New Zealand

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.

Contract law / section 31 of Consumer Guarantees Act 1993 / Applicant provided concrete foundation services to Respondent / Respondent refuses to pay the Applicant’s final invoice / Applicant claim the price of the final invoice, $3,368.70 / Respondent claim they have been overcharged and part of the amount owing was due to a delay caused by Applicant / Held: Respondent agreed to a price for some of the extra concrete / Applicant did not carry out its services with reasonable care and skill / It was foreseeable this resulted in extra cost, therefore applicant liable to reimburse respondent this cost / Claim partly allowed, Respondent ordered to pay Applicant $1,226.71

Contract / Applicant contracted Respondent to repaint truck for $7000 and build a well-side tray for a different truck for $4,000 / Respondent agreed to complete within three weeks /Applicant paid Respondent deposit of $6,500, $3,500 for repainting, $2,000 for tray / Applicant cancelled contract for repainting after Respondent failed to carry out work within timeframe / Applicant claimed Respondent also failed to complete tray or refund money as promised / Applicant sought refund of deposit / Respondent claimed limited liability status / Held: Respondent cannot claim limited liability as it failed to inform Applicant it was entering into a contract with limited liability company / Respondent failed to perform contract as agreed / Respondent ordered to refund Applicant total deposit, $5,500.00 / Claim granted.

Consumer law / Consumer Guarantees Act 1993 / Contract and Commercial Law Act 2017 / Applicant purchased caravan from Respondent / Applicant alleged Respondent misrepresented caravan saying it had no leaks and mould / Applicant claimed $15,000 / Held: Respondent not in trade for selling caravans and this is a private sale / Respondent did not intend Applicant to be induced by misrepresentation nor wilfully used language to induce Applicant to purchase caravan / Claim dismissed.

Contract / Applicant was a dog breeder / Applicant bred a dog and sold her to Respondent / Parties signed a contract indicating Respondent would have dog spayed by 6 months old /  Applicant alleged Respondent never had dog spayed and that the Respondent bred from her / Applicant also claimed Respondent gave the dog to a new owner / Applicant sought $3,500.00 in compensation, purchase price of dog / Held: Respondent giving dog to a new owner was not a breach of contract / Insufficient evidence to establish that dog gave birth to a litter of puppies / Likely that Respondent breached the contract by not having the dog spayed / Contract silent on any remedy for breach of contract / Applicant unable to quantify a value, or provide evidence of any financial loss that she has incurred as a result / Claim dismissed.

Contract law / Applicants bought concert tickets from Respondent / Concert rescheduled due to COVID and Applicant’s son could no longer attend / Applicants claimed refund of concert ticket / Held: Applicants entitled to refund under terms of ticket sales / Respondent ordered to pay applicant $139.89 / Claim allowed.