Disputes Tribunal of New Zealand

Contract / Applicant joined Respondent’s gym and paid $2330 / Applicant joined gym due to particular classes / Classes no longer provided / Applicant sought to cancel membership and obtain a refund / Applicant claimed $1500 / Held: Applicant terminated her contract early and the terms of conditions provided for an early termination fee of $250 / Applicant entitled to cancel her prepaid one-year gym membership without giving reasons / Respondent ordered to pay $1479.95, membership fee with early termination fee deducted and factoring in access to gym for 94 days / Claim granted.  

Contract / Applicant and children invited to live with Respondent during covid lockdown / Applicant sold items and worked on Respondent’s property / Applicant asked to leave following relationship breakdown / Applicant claims $20,000 from Respondents for work completed on the property / Respondents claim Applicant did not add value equitable to the cost of housing Applicant and children / Held: No contract between parties / No evidence Applicant paid rent to Respondent / Applicant’s evidence of work largely illegible / Applicant paid utilities to Respondent / Total rent bill at $250 per week $28,166.00 / Rent amount greatly outweighs possible benefit to Respondent / Respondents not unjustly enriched by Applicant’s work / Claim dismissed.

Gift / Loan / Dispute between Applicant and Respondent whether monetary amounts were a gift or a loan / Applicant alleged he gifted Respondent $38,000.00 and loaned them $25,000.00 (total $63,000.00) / Respondent alleged that Applicant paid them $13,000.00 in cash and $25,000.00 in direct credit / Respondent claimed both amounts were gifts / Applicant claimed for repayment of $25,000.00 / Respondent claimed no repayment and $1265.00 in compensation for legal fees / Held: evidence of timing of transactions and communication between the parties indicated $38,000.00 was given to Applicant by Respondent as a gift / Disputes Tribunal legislation usually excludes claiming of costs / Claim and counterclaim dismissed.  

Negligence \ Contributory Negligence \ Respondent was sober driver for Applicant and friends in Applicant’s car \ Respondent crashed car into another vehicle \ Applicant’s insurance would not cover the accident \ Applicant claims $6,153.94 from Respondent \ Respondent claims they are not fully liable for damage as they were distracted by the Applicant and friends/ Held: Respondent was negligent in driving the Applicant’s car \ Applicant did not take vehicles depreciation into account / Applicant and friends liable for 40% contribution \ Respondent is to pay Applicant $829.50 (60% fault contribution and depreciation)\ Claim upheld.

Contract / Applicant ordered metal profiles from Respondents and paid contract price in full / Order too large and was to be sent in two shipping containers / Second part of the order did not leave Respondent’s warehouse and alternative transport arrangements were not made / Respondent could not find order when contacted / Applicant claims they cannot use the product anymore as it has expired / Held: Product is to be made for collection immediately by Respondent / Respondent will need to recoat the metal / Respondent to pay Applicant if product is not available to be collected / Respondent to pay Applicant $4000 if product not available / Claim allowed.

Contract / Applicant’s vehicle broke down and asked Respondent to tow for inspection / Applicant and Respondent had a miscommunication regarding repair of vehicle / Applicant requested Respondent to tow vehicle back to her home / Applicant financed another vehicle / Applicant claims $1611 in loss of transportation and income / Respondent counter claims $608.35 for spare parts / Held: No agreement had been reached by the Respondent and Applicant about the repair cost of the vehicle / Applicant is liable to pay the towage and inspection fees only / Respondent not liable to pay loss of transportation and income of Applicant / Applicant to pay Respondent $391 / Claim partly dismissed.

Contract / Respondent contracted Appellant to supply and install windows and doors for total sum of $30,466.00 / workmen found additional work necessary to fulfil original contract / Respondent and Appellant agreed to extra work being added to contract price / Respondent was unable to get bank loans necessary to fund extra work / Respondent cancelled contract / Appellant claims $3,615.94 for work already done / Respondent claims contract conditional upon financing / Held: Contract is enforceable and is not subject to Respondent’s ability to get financing / Respondent to pay Appellant $3,615.94 / Claim granted.

Contract / Bailment / Applicant hired First Respondent to perform certification on his vehicle / First Respondent discovered minor defects requiring remediation / First Respondent delivered vehicle to Second Respondent's workshop for repair / Second Respondent unable to start work immediately / Second Respondent left vehicle in customer parking area / Vehicle was stolen and not recovered / Applicant claimed $30,000 / Held: neither Respondent breached any legal duty owed to Applicant / Claim dismissed.

Contract / Applicants purchased property from Respondents / Contractual clause states chattels are to be delivered to purchaser in reasonable working order/ Applicant claims several items fail to meet contractual standard / Applicants claim total of $20,048.02 / Respondents accept two claims totaling $1,597.00 / Nine other claims in dispute / Held: Applicants claims for power reconnection fee, nonworking stoves, lock replacement, damaged light fitting, and hot water cylinder allowed / Respondent to pay Applicants $3,153.40 / Claim partially successful.

Contract / Consumers Guarantees Act 1993 / Respondent contracted to install flat pack kitchen and quoted $3,500 for installation / Applicant and Respondent discussed extra time taken for installation / Respondent indicated cost would be 30% more than original quote / Applicant claims final invoice was unreasonable / Held: Terms of the contract should have been expressly clear / Respondent should have ensured that he communicated costs to Applicant / Applicant to pay Respondent $3,000 / claim dismissed.

Contract / Contractual and Commercial Law Act 2017 / Applicant purchased a vehicle from Respondent / Vehicle switch stopped odometer from working / Respondent acknowledges he was aware of switch’s existence / Applicant claimed for the difference in value for truck with a correct odometer reading without a switch / Held: There was a misrepresentation that induced entry into the contract / Appropriate valuation given of vehicle / Respondent to pay Applicant $6,500 / Claim allowed.

Contract / Breach of contract / Terms and conditions / Respondents contracted Applicants for freight services for live paua from New Zealand to China / Aircraft detoured to Hong Kong due to cracked airplane windscreen / Respondents suffered loss of live paua and had to pay compensation to buyers in China / Respondents did not pay invoice for freight services to applicants / Applicants claim the $2630.32 owing / Held: Applicants were not responsible for the delay and subsequent loss of paua / Claim allowed, Respondents ordered to pay Applicants $2630.23.