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41 items matching your search terms

  1. BQ BQB v YJ Ltd [2015] NZDT 799 (1 June 2015) [PDF, 161 KB]

    Contract / insurance policy / Applicants bought an earthquake damaged house and arranged for vendors to assign to them claims related to the earthquake damage the vendors had made with EQC and insurer, Respondent / Applicants claimed accommodation and storage costs of $11,780 / Held: not satisfied the deed achieved transfer of the vendors’ rights to accommodation and storage costs or that Respondent had represented these could be assigned / novation is required for all rights and obligations of an insured to be transferred / wording actually used in deeds or insurance policies must be considered / accommodation expenses not an accrued right assigned with the claim, rather a personal policy entitlement that was not assigned / words used in assignment not sufficient to transfer any entitlements to a claim related to contents policy which is separate from house policy / not persuaded Respondent’s “silence” is actionable misrepresentation or it had active obligation to disabuse any erroneo…

  2. CU v XG [2015] NZDT 782 (28 May 2015) [PDF, 106 KB]

    Contract / misrepresentation / sale and purchase of land / Fair Trading Act 1986, sections 9, 14 and 43(3)(f) / Real Estate Agents Act 2008, sections 155 and 110(3) / Applicant claimed against Respondent real estate agent for misrepresentation, failing to disclose structural issues and pressure on her to buy property / Respondent claimed that Real Estate Agents Disciplinary Tribunal already determined this matter / HELD: while Respondent breached Fair Trading Act, Applicant did not rely on misrepresentation / building report identified issues with piles, but Applicant still proceeded with purchase / no longer any causal connection between Respondent’s misleading conduct and Applicant’s decision to proceed with purchase / claim dismissed

  3. CM Ltd v XO 2015 NZDT 823 (26 May 2015) [PDF, 62 KB]

    Consumer Guarantees Act 1993 / Applicant replaced spouting at Respondent’s property / Respondent noticed dents in roof after work completed / Applicant offered discount off invoice / Applicant claimed for payment of invoice / Respondent counterclaimed for costs to repair dents / Held: Respondent contractually obligated to pay for work completed as invoiced / Tribunal not persuaded on the evidence that it is more probable than not that Applicant dented roof / Respondent not entitled to offset repair costs for roof / Claim allowed, Respondent ordered to pay $1,592.72 to the Applicant for price quoted / Respondent’s counterclaim dismissed

  4. BY Ltd and BYB v YB and YBY [2015] NZDT 778 (5 May 2015) [PDF, 83 KB]

    Jurisdiction / Disputes Tribunals Act 1988 / Applicant undertook development work and disputes arose regarding the legality of drainage work and cost of fencing on shared boundaries / Applicants sought declaration that drainage work was legal and claimed $3,800 for the cost of fencing and $4,128.50 in legal fees / Held: Tribunal does not have jurisdiction to make a declaration as sought by Applicant / cannot make a declaration in Respondents’ favour / no basis to make an order for cost of fencing against Respondents as Applicant had not served a Fencing Act notice and there was no agreement / no basis to make an order against Respondents for legal costs incurred by Applicants / claim dismissed.

  5. GQ v M Ltd [2015] NZDT 1499 (30 April 2015) [PDF, 186 KB]

    Contract / Contractual Remedies Act 1979 / Fair Trading Act 1986 / Respondent approached and had meeting with Applicant regarding advertising services / Applicant signed digital record at meeting / Applicant believed he was entering into a one month agreement / Respondent understood a twelve-month agreement was signed / Applicant sought to cancel contract however due to an error Respondent continued with advertisement services / Applicant claims not liable to pay Respondent monthly invoice fees, Respondent seeks eleven months of fees / Held: Agreement signed did not specify minimum term nor was it discussed in verbal discussions / Applicant was not drawn to Respondent’s Terms of Business / Applicant only liable to pay one month of fees / Outcome: Applicant to pay $690.00 to Respondent, not liable for further eleven months

  6. BH v YH Ltd [2015] NZDT 757 (24 April 2015) [PDF, 72 KB]

    Consumer Guarantees Act 1993 / Applicant purchased a bike online from Respondent which developed fault / stand-off between parties as to who should pay for freight to return bike to Respondent / Applicant eventually sent the bike to Respondent which discovered and repaired minor wiring fault / Applicant claimed $1,790.96 for refund of the bike, courier costs and compensation / Held: Applicant did not give Respondent opportunity to examine the bike and to repair and therefore did not have right to reject the bike / bike failed to meet guarantee of acceptable quality and Applicant is entitled to freight cost as it is cost reasonably foreseeable / Respondent liable for cost of freighting bike back to Applicant / Applicant’s claims for other consequential losses dismissed / supplier cannot contract out of Consumer Guarantees Act / claim allowed, Respondent ordered to freight bike back to Applicant and pay $90.

  7. DB v WY Ltd [2015] NZDT 829 (22 April 2015) [PDF, 72 KB]

    Jurisdiction / bankruptcy / ss 76 and 101, Insolvency Act 2006 / Applicant granted rehearing of claim / Respondent lodged counterclaim / Applicant adjudicated bankrupt / Held: Applicant’s claim cannot proceed in Tribunal / on adjudication of bankruptcy, all property and powers over property for bankrupt’s benefit vest in Official Assignee / Applicant must contact Official Assignee about claim / Respondent’s counterclaim cannot proceed / all proceedings to recover debt halt when party adjudicated bankrupt / Respondent must apply to High Court to continue claim / claim struck out

  8. BO v YL [2015] NZDT 773 (13 April 2015) [PDF, 16 KB]

    Contract / insurance / Applicant claimed $2,527.70 from his insurer, Respondent, for repairs to the deck at his home and maintains damage was caused by a sudden event and is covered by his house insurance policy / Held: can exclude the possibility of product failure and of a wide scale failure of the product generally / evidence suggests only other alternative is sudden damage to the deck causing damage to the waterproof membrane / fact Applicant cannot recall a specific event does not, of itself, exclude likelihood a specific event causing damage occurred / Applicant established on balance of probabilities that there had been a sudden event causing damage to the waterproofing and is therefore entitled to be covered for the damage / claim allowed, First Respondent ordered to pay Applicant $2,127.70.

  9. DA v WZ & WZW Ltd [2015] 761 (22 March 2015) [PDF, 83 KB]

    Contract / Consumer Guarantees Act 1993 / failure to satisfy contract / Respondent is director of company listed as second Respondent / Applicant delivered motorbike to Respondent for repairs / Respondent stalled repairs for long period of time / Applicant requested return of motorbike / Respondent declined / Applicant lodged claim / Respondent returned partially assembled motorbike / Respondent did not charge for services / Applicant claims for various losses and costs incurred while motorbike was in Respondent’s possession for 20 months / Held: Applicant at all times was dealing with second Respondent as a full legal entity company / no basis for personal liability against Respondent / second Respondent failed to provide service with reasonable care and skill or complete contract in reasonable time / failure to charge does not absolve liability under Consumer Guarantees Act 1993 / Applicant entitled to have motorbike serviced by another supplier and receive additional damages / claim…

  10. CL v XP 2015 NZDT 743 (27 February 2015) [PDF, 74 KB]

      Negligence / contributory negligence / car collision / Applicant and Respondent collided as Respondent entered motorway / Applicant’s insurer claimed against Respondent for insured loss / Held: Applicant had right-of-way when Respondent collided with his vehicle / Respondent failed to enter motorway from on-ramp with due care / damage to Applicant’s vehicle and lengths taken by Applicant to locate independent witness added weight to Applicant’s version of events / no evidence of contributory negligence / costs claimed were actual, reasonable and consistent with nature of impact / claim allowed, Respondent ordered to pay Applicant’s insurer $5,656.61  

  11. BN v YM [2015] NZDT 770 (23 February 2015) [PDF, 65 KB]

    Contract / Contractual Mistakes Act 1977 / Applicant placed four live bets online on an international football match but stated she made a mistake by betting on first half goal scores / Applicant claimed $3,300 in refund / Held: do not accept Applicant made a unilateral mistake known to Respondent / with online betting Respondent does not have opportunity to engage with the other party to their contract prior to betting so cannot understand bettor’s intentions / Applicant had properly been informed of terms and conditions of online and live betting on website / rules necessary in fairness to all punters so they can rely on integrity of the betting system / claim dismissed.

  12. BM Ltd v YN [2015] NZDT 769 (23 February 2015) [PDF, 71 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant was contracted to provide plumbing services to Respondent’s bathroom on behalf of Respondent’s insurance company / Respondent decided to alter vanity area which was beyond the scope of remedial work being completed / Applicant claimed $2,376.07 for work completed / Held: Respondent liable to pay the amounts claimed / insufficient evidence to establish amount claimed for the work was not reasonable / collection, service and filing fee costs can be claimed only where they are allowed for in contract / Applicant’s claim that Respondent signed job authorisation form not made out / Respondent’s position caused considerable delay in payment / appropriate for 27 months’ interest at 5% per annum to be awarded / claim allowed, Respondent ordered to pay Applicant $1,727.98.

  13. BF v YU [2015] NZDT 742 (13 February 2015) [PDF, 65 KB]

    Consumer Guarantees Act 1993 / Applicant purchased a wall-hung basin from Respondent after speaking to one of the salespeople / when the basin was removed from its box it was not able to be wall-hung / Applicant was told 20% would be deducted from the refund per Respondent’s terms and conditions / Applicant claimed the balance / Held: Respondent has not complied with guarantee as to fitness for purpose / Applicant made it known expressly that she wanted a wall-hung basin / Respondent is not entitled to make any deduction from refund amount / not lawful to contract out of Consumer Guarantees Act 1993 and terms and conditions can only apply where there has been no breach of statutory guarantee / Applicant entitled to receive full refund / claim allowed, Respondent ordered to pay Applicant $29.48.

  14. CQ v XK 2015 NZDT 715 (10 February 2015) [PDF, 115 KB]

    Negligence / car collision / Applicant claimed for pre-accident valuation of car prior to sale, uneconomic to repair / Respondent counterclaimed for estimated repair costs to car she drove, not owned by her / Held: Respondent breached duty to act with reasonable care and due consideration for others / solely negligent for not giving way / drivers must take care not to drive in a manner that causes damage to another vehicle / Land Transport (Road User) Rule 2004, r 4.2 / costs claimed established, reasonable / claim allowed, Respondent ordered to pay Applicant’s insurer $3,020.35 / Respondent’s counterclaim dismissed

  15. OD Ltd v TM Ltd [2015] NZDT 1491 (29 January 2015) [PDF, 251 KB]

    Contract / Sale of Goods Act 1908 /  Applicant ordered two consignments of timber from Respondent worth $10,666.55 / Applicant rang to collect timber and was advised by Respondent timber had been picked by Applicant’s company / Applicant denies collecting timber and seeks remedy for loss of timber / Held: On balance of probabilities the Applicant did not collect timber / Respondent had a duty of care to Applicant and failed to take all reasonable precautions to prevent the loss of the timber to a third party / Claim allowed, Respondent to bear responsibility for loss of timber and refund Applicant cost paid for timber