Disputes Tribunal of New Zealand

Contract / Applicant purchased vehicle from Respondent in exchange for chainsaw and mobile phone / Applicant spent $983.49 for work to be done on vehicle / Respondent has not given Applicant the vehicle / Applicant claimed return of vehicle / Held: Applicant not the owner of vehicle / No written communication about sale of vehicle / Applicant paid for work on vehicle but has not received benefit / Respondent ordered to pay Applicant $983.49 / Claim partially allowed.

Contract / Applicant requested Respondent to carry out work in Applicant's property / Respondent issued invoices totaling $70,104 / Respondent engaged solicitor to obtain remaining $30,000 outstanding payment / Applicant lodged claim in Disputes Tribunal stating value of claim to be $30,000 on various matters / Respondent filed counterclaim seeking $30,000 costs and that Applicant's claim was frivolous or vexatious / Applicant withdrew application and this decision deals with counterclaim only / Held: Applicant's claim against Respondent was frivolous and vexatious / Respondent entitled to award of costs but not including full legal costs / Applicant ordered to pay Respondent $5,800 / Claim partially allowed.

Contract / Disputes Tribunal Act 1988 / Respondent contracted with Applicant for the education of her child / Respondent agreed to Applicant's terms and conditions including paying fees / Respondent did not pay part of fees due in 2021 / Respondent did not paid fees for withdrawing her child from school without notice / Respondent sought to summon witnesses / Held: Respondent breached contract with Applicant / Outstanding amount for fees was proven Tribunal declined Respondent’s request to summon witnesses as relevance not established / Respondent application declined / Respondent ordered to pay Applicant $4,327.94 in fees and $94.68 in interest / Claim granted.

Contract / Consumer Guarantees Act 1993 / Applicant bought car from Respondent / Applicant noticed car due to be serviced / Applicant claims Respondent ought to pay for service $2,700.28 / Held: contract did not require Respondent to carry out full service / Respondent did not make representations that it would carry out full service / Applicant not able to show more likely than not car was not of acceptable quality / claim dismissed.

Contract / Building Act 2004 / Fair Trading Act 1986 / Applicant purchased newly constructed unit from Respondent / Applicant raised issue with cladding / Applicant claimed $30,000 compensation / Held: no breach of contract as no method of fixing specified / Method of fixing is not a defect under the Building Act 2004 / No damages or other remedy available to Applicant / Claim dismissed.

Contract / Limitation Act 2010 / Applicant claims debt from Respondent under credit contract assigned to it / Applicant claims entitlement to pursue debt under deed of assignment and last default date / Held: Applicant out of time in filing application / Applicant now prevented from pursuing any further claim against Respondent under assigned debt / Claim dismissed.

 Contract / Flat arrangement / Applicant agreed to rent a room in Respondent’s property /Applicant paid rent of $320.00 per week with one week paid in advance and bond / Applicant paid $960.00 to Respondent / Parties shook hands on the agreement / After three days Applicant terminated agreement and moved out of the property due to concerns over Respondent’s behaviour / Applicant advised Respondent she could keep one week’s rent payment but requested return of $640 bond / Respondent refused to return bond / Applicant also messaged Respondent for return of some shoes and food, which was refused / Applicant claimed $750.00 for bond refund and compensation for shoes and food / Held: Applicant entitled to terminate agreement with immediate effect due to feeling unsafe / Applicant entitled to refund of full bond and $150 for shoes and food / Respondent ordered to pay $790.00 / Claim granted.

Contract / Contract and Commercial Law Act 2017 / Applicant and Respondent entered a contract for Applicant to build infinity cove / Respondent paid first two invoices but refused to pay the final two due to poor craftmanship / Respondent cancelled contract / Applicant claims payment of unpaid invoices, which total $11,035.07 / Respondent counterclaims $30,000.00 / Held: work did not meet contractual standard / Respondent justified in cancelling the contract / Respondent could not prove they should be awarded compensation for flooring, materials and rent / Applicant must pay Respondent $4,882.70 / claim dismissed / counterclaim partially granted.

Negligence / Dog Control Act 1996/ Parties were neighbours / Respondents’ dog was found in Applicant’s garden / Applicant’s cat suffered injuries that required the cat to be euthanised / Whether Respondents liable for any damage caused by their dog / If yes, whether the Applicant was entitled to amount sought of $4,999,00 / Held: accepted that Respondent’s dog caused damage to the Applicant’s cat / Respondents liable for the damage caused by their dog / Respondents liable for vet bills not covered by insurance, $747.55 / Respondents also liable for cost of having the cat cremated and for the ashes box as it was not covered by insurance, $250 / Respondents also liable for Applicant’s travel costs, $17.60 / Respondents ordered to pay Applicant $1,015.15 / Claim granted in part.

Tort / After a weather event a large tree crashed over Applicant’s driveway and car shelter completely blocked his access and caused damage to his property / Applicant claims damages against the Respondent for $9567.52 / Tree fell down due to extreme weather event not due to breach of duty of care by the respondent / Respondent liable to pay Applicants the cost for removal of fallen tree and grass seed / Respondent ordered to pay applicant the sum of $590.58 /Claim allowed in part.

Duty of Care / Motor Vehicles / Respondent crashed into parked vehicle belonging to Applicant / Respondent had undergone a medical event during time of crash / Applicant claims Respondent liable for damages to vehicle / Respondent claims due to medical event not liable / Medical evidence states Respondent fit to drive / Medical events can displace normal duty of care / Held: Medical event of Respondent displaced duty of care / Claim Dismissed.

Insurance / Negligence / Applicant and Respondent had a car collision / Applicant claimed compensation for damage to car / Held: Applicant proved Respondent drove negligently / Applicant not contributorily negligent / Applicant entitled to compensation to damage and recover cost of storage / Respondent's insurer ordered to pay Applicant $7,725 / Claim allowed.

Consumer Guarantees Act 1993 / Fair Trading Act 1986 / Applicant purchased car from Respondent / Applicant fixed dents and scratches and asked Respondent to pay / Applicant claim $4,903 for damages and repairs / Held: A misrepresentation claim must be an actual statement and omissions are usually insufficient / Respondent did not misrepresent car to Applicant / Applicant failed to inspect vehicle prior to purchase / Claim dismissed.