Disputes Tribunal of New Zealand

Contract / Respondent provided quote for re-cladding of two timber decks and construction of a new one / Applicant understood quote fee would be $600 but received an invoice for $2,018.25 / Applicant seeking order that not liable for full amount of invoice / Conflict between parties over what was said / Applicant had signed agreement which did not mention the $600 fee / Respondent had specified $65 per hour on the agreement / Applicant claimed that invoice was unreasonable for amount of work done / Held: fee for the work was based on a charge of $65 per hour on the agreement / Price charged was reasonable for the detailed work carried out / Applicant ordered to pay the full amount of the Respondent's invoice / Claim dismissed

Contract / Contract and Commercial Law Act 2017 / Respondent made a booking for accommodation operated by Applicant / Respondent did not make the full payment and failed to turn up for the booking / Booking agreement had a cancellation clause that booking was refundable if cancelled within seven days before start of reservation / Respondent cancelled reservation after seven day period / Applicant sought $1,200 / Held: Respondent cancelled the booking after the seven day cut off period for cancellation / Respondent liable for total cost of the reservation / Respondent ordered to pay $1,170.00, booking and related charge / Claim granted.

Contract / Contract and Commercial Law Act 2017 / Applicant purchased property from Respondent / Applicant believed earthquake repairs had been carried out by Respondent / Applicant experienced significant flooding and discovered severe earthquake damage in drainage systems / Applicant claimed $20,900.67 for drainage repair and investigation / Held: Respondent breached warranty in Sale and Purchase Agreement / Applicant provided undisputed evidence that drainage system required replacement / Respondent ordered to pay Applicant $20,900.67 / Claim allowed.

Contract / Contract and Commercial Law Act 2017 / Applicant purchased vehicle from Respondent / Applicant found faults with vehicle / Applicant claims $4,364.92 for repairs / Held: Respondent did not make a misrepresentation to Applicant about vehicle / Applicant did not provide sufficient evidence / claim dismissed.

Negligence / Land Transport (Road User) Rule 2004 / Applicant and Respondent involved in collision / Respondent's insurer holding Applicant liable for $8,182.84 vehicle repair costs / Applicant claimed declaration of non-liability against Respondent / Held: if Respondent had not swerved, Applicant would have likely suffered more serious consequences / Respondent's insurer did not establish claimed amount was most cost-effective repair cost / Fifteen percent deducted from claimed amount / Applicant ordered to pay Respondent's insurer $7,000 / Claim allowed in part.

Contract / Applicant purchased saddle from Respondent through marketplace / Applicant received report that saddle showed obvious asymmetry and does not pass initial stationary checks to ensure it is safe to be ridden / Respondent disputed report and asked for saddle to be returned so she could obtain own assessment / Respondent declined to disclose who would do the investigation / Applicant declined to return saddle / Held: Applicant to courier saddle to Respondent / Respondent to either refund purchase price of saddle or inform registrar that dispute not resolved and second hearing required

Contract / Negligence / Vehicles driven by Applicant and Respondent involved in a collision on a race track / Applicant alleged Respondent was driving negligently / Applicant claimed $5,230.00 for repairs and filing costs / Held: race entry form precluded Applicant from pursuing a negligence claim against Respondent / Claim dismissed.

Contract / Contract and Commercial Law Act 2017 / Applicant bought vehicle from Respondent / Vehicle's engine need replacement / Applicant claimed $4,000 for repair / Held: no misrepresentation by Respondent at time of sale / Failure to point out issues with vehicle is not misrepresentation / Claim dismissed.

Contract / Contract and Commercial Law Act 2017 / Respondent worked as independent contractor for Applicant / Respondent signed agreement with Applicant to purchase car paid $130 per week, deducted from weekly pay / Respondent stopped paying and sold car to third party / Applicant claimed recovery of car from Respondent / Held: ownership of car passed to Respondent and cannot be ordered to return it to Applicant / Implied loan condition that if Applicant stopped working for Respondent, balance of car loan would become payable in full / Respondent ordered to pay Applicant $3,720 / Claim allowed.

Contract / Contract and Commercial Law Act 2017 (CCLA) / Applicant bought jetski from Respondent online / Applicant sold jetski to other Applicant / Applicant contacted by Respondent that jetski had finance registered against it as other Respondent was in default / Respondent disputed real owner of jetski / Applicant claimed to recover losses from Respondent / Held: Respondents were joint owners of jetski and was sold on behalf of both Respondents / Respondent breached s 135 of CCLA by selling jetski while encumbered with finance owing / Respondent ordered to pay Applicant $16,000 / Claim allowed.

Contract / Applicant contracted to provide earthworks for Respondent's swimming pool / Applicant advised extra materials and work were needed / Applicant claims $14,713.11 for cost / Held: claim only proven to extent that Respondent agreed to extra charges / Applicant provided little supporting evidence as to why additional costs incurred / Respondent ordered to pay Applicant $11,270 / claim partially allowed.

Tort / Trespass / Applicant and Respondent owned adjoining properties / Applicant claimed Respondent trespassed on her land and cut down limbs of two trees / Applicant sought compensation for cost of purchasing security cameras, arborist, Applicant's labour, irreparable damage to property, and distress / Held: Respondent trespassed resulting in damage to property / Applicant entitled to claims in cost of arborist, Applicant's labour, general damages, and cost of replacing fence capping / Respondent ordered to pay Applicant $1,476 / Claim allowed in part.

Contract / Consumer Guarantees Act 1993 / Applicant bought two mobile phones from Respondent / Screen failed to work after some time / Applicant claim $1,995.00, representing the purchase price ($1,695.00) plus compensation for inconvenience / Held: screen failure was a consequence of a fault with the phone itself, Respondent ordered to pay Applicant $1945.00