Disputes Tribunal of New Zealand

Contract / Applicant purchased house from Respondent / Ongoing repayments due to Council under a programme attached to property rates / Applicant stated this obligation to pay was not disclosed to him or included as condition / Applicant claimed sum from Respondent, being amount owing to Council at settlement / Whether the programme information disclosed to Applicant prior to contract being formed / Whether Respondent breached vendor’s warranties / Held: Council programme information was disclosed in writing prior to contract being formed / No breach of warranty because there were no arrears at settlement / Respondent not in breach of vendor’s warranty as repayments were disclosed / Respondent had no liability to pay damages to Applicant / Claim dismissed.

Contract / Contract and Commercial Law Act 2017 / Respondent contracted for Applicant to drill and install three anchors for a block wall / Three anchors were installed / One anchor failed a load test / Parties agreed a fourth hole would be drilled / Before work completed Respondent cancelled contract / Applicant sought payment for work completed / Respondent counter claimed for cost of labour, materials and work done by another contractor / Held: Applicant did not undertake the work for which he charged with reasonable skill and care / Respondent had right to cancel the contract on the grounds of breach of an essential term / Cancellation not effective until Applicant was advised 14 September after work on fourth anchor / Respondent liable to pay for part of the work on the fourth anchor / Claim allowed / Respondent to pay $785.60 to Applicant .        

Tort / Conversion / Applicant engaged Respondent to move furniture / Dispute arose over payment / Respondent took bedframe and mattress as cover for payment without Applicant’s agreement / Applicant claims Respondent converted bedframe and mattress / Applicant claims $1810.00 being the purchase price of bedframe and mattress or alternatively return of goods / Held: Respondent converted bedframe and mattress / Respondent had no right to goods and removed them from Applicant’s property without her knowledge or permission / Held: Respondent to pay $905.00 to Applicant or alternatively to return bedframe and mattress / Amount ordered accounts for depreciation / Claim upheld

Contract / Consumer Guarantees Act 1993 / Applicants purchased splashback from Respondent via Trademe / Applicants claim splashback does not correspond with description given in advertisements / Applicants claim $690.00 refund / Held: splashback did not correspond with description / Held: Respondent to pay Applicants $690.00 / Held: Respondent to collect splashback at own expense / 48 hours notice required for collection / claim upheld

Contract / Respondent installed air conditioning unit for Applicant / Applicant disputed installation with Respondent through Electrical Workers Registration Board and Disputes Tribunal / Applicant completed remedial work on air conditioning unit / Applicant claimed $2,500.00 for remedial work / Whether or not connection at the air conditioning unit was installed in accordance with manufacturer’s specifications was a new cause of action / Held: no new cause of action / Had Applicant taken necessary steps it could have been raised in previous hearings / claim dismissed.

Negligence / Employee of Respondent reversed work truck into power pole / Power pole was destroyed / Applicant was owner of pole and claimed reimbursement of sum paid to replace pole / Respondent conceded liablity for damage / Whether Applicant entitled to recover full replacement cost or whether deduction can be made for betterment / Held: evidence does not show Applicant gained any benefit from replacing pole / No basis for deduction for betterment / Respondent ordered to pay full replacement cost of $6,525.24 to Applicant / claim allowed.

Contract / Insurance policy / Applicant’s car was stolen /  Respondent denied claim stating Applicant has not made a “prima facie” case that car was stolen and onus on Applicant to prove valid claim exists / Respondent claims Applicant did not provide information relating to stolen car or information provided was fraudulent / Applicant claims she acted in accordance with policy / Held: Applicant established a prima facie claim / Applicant complied with conditions of the claim / Tribunal not satisfied Respondent established Applicant provided incorrect or incomplete information supporting her claim / Tribunal not satisfied Respondent established Applicant provided fraudulent information in support of claim / Held: no evidence Applicant committed fraud / Respondent not entitled to decline claim / Tribunal satisfied sum insured $19,800 set by Respondent / Claim allowed / Respondent ordered to pay Applicant $19,800.

Trespass to goods / Applicant visited Embassy and parked in neighbouring property’s exclusive parking space / Respondent clamped Applicant’s car / Applicant claims refund of $150 release fee and $45 filing fee / Respondent does not dispute it clamped Applicant’s car so trespass of goods established / Issue whether clear warning car could be clamped if parked in space in question / Held: signs did not provide sufficient warning whether visitors to Embassy could park there / Held: Respondent unable to establish defence to action / Claim allowed / Respondent ordered to refund Applicant fee for clamping car  / Filing fee cannot be recovered by Applicant per s 43 of the Disputes Tribunals Act 1988

Contract / Commercial leases / Property Law Act 2007 / Contract and Commercial Law Act 2017 / Respondents leased commercial property / Respondents did not exercise right of renew after expiry of initial term but continued to occupy the premises and pay rent / Applicant bought interest in premises in March 2017 / Respondents initially continued to pay rent but reduced payments from mid-April 2017 / Applicants claim $15,000 in rent and outgoings to 31 May 2018 / Respondents obligations to pay rent continued after the statutory tenancy after the initial term expired per s 210 of the PLA / Applicants entitled to enforce all covenants of the lease against the Respondents per s 233 of the PLA / Held: rent was $29,500 plus GST, Applicant’s entitled to received $5,500 plus GST per year in outgoings in addition to weekly rent payments / Claim allowed / Respondents must pay $15,000 to Applicant

Consumer Guarantees Act 1993 / Respondent repaired leak in Applicant’s hot water cylinder / Applicant paid original invoice in full / hot water cylinder leaking again one month later / Applicant seeks declaration of liability to be made / Held: no evidence first repair not carried out with reasonable care and skill / second leak in distinct area not connected with first leak’s repair / no evidence workmanship on first repair caused second leak / Respondent not responsible for leak / fee for second repair not unreasonable / claim dismissed / Applicant to pay second invoice of $290.95

Contract / Property Law Act 2007 / Contract and Commercial Law Act 2017 / Breach of covenant of quiet enjoyment / Damages / Respondent leased office space in upstairs of property owned by Applicants and sublet it to commercial tenants / Parties negotiated lease extension with discussions of renovations to the property / Renovation work began in March and took longer than anticipated / Respondent paid reduced rent for some of the renovation period / Applicants asked Respondent to pay full rent when renovations ended / Respondent did not pay full rent and gave notice that she wished to terminate the lease for breach / Applicants claimed unpaid rent / Held: overall impact of renovations amounted to substantial interference with Respondent’s ability to use the premises for the purposes permitted under the lease / Respondent not bound by waiver of contractual rights under the lease / Entitled to receive actual amount of lost rental income by way of damages, subject to a deduction for reduce…

Contract / Applicant wanted to build minor dwelling at back of house / Applicant and Respondent signed a construction contract  / Applicant paid a preliminary deposit / Delay in getting loan approval / Applicant claims refund of the preliminary deposit / Respondent counterclaims that it is not liable to refund the deposit and Applicant owes a second preliminary deposit / Held: Applicant under no obligation to renegotiate Agreement to turn it into a fixed price turn key contract / Applicant entitled to treat agreement as being terminated / Claim allowed / Respondent ordered to pay $9,342.50 to Applicant

Contract / Contract and Commercial Law Act 2017 / Carrier of goods / Contract for carriage at limited carrier’s risk / Applicant contracted Respondent’s moving service to move household contents to their new home / Applicant claims contents was damaged in move by Respondents handling of furniture / Respondent claims Applicant responsible for lack of protective wrapping / Held: Respondent has onus of proving lack of fault, failed to prove damage resulted without fault on their part / Respondent is liable to compensate Applicant for damaged items / Claim allowed, Respondent ordered to pay Applicant $3,158.00