Disputes Tribunal of New Zealand

Contract / Applicant had income protection insurance with Respondent / Applicant injured foot at work, saw podiatrist but continued working / Injury did not improve, impaired Applicant’s performance / Applicant’s employment eventually terminated / Applicant started claim process with Respondent 11 months after termination, began receiving payments after 90-day policy waiting period / Applicant claimed Respondent should have backdated cover to when income first lost / Applicant sought $29,684.39 / Held: Applicant did not meet policy criteria to have cover backdated / Respondent not in breach of contract / Claim dismissed.

Contract / Applicants entered into an agreement with Respondent for their wedding reception / Applicants dissatisfied with service provided and sought $4,979.75 in damages /  Damages sought for loss of flowers, excessive charge on alcohol, refund due to inadequate service, extra photographers cost and compensation for emotional harm / Held: implied term that Applicants would get flowers after wedding reception / Flowers were put in the rubbish / $249.83 for loss of flowers and loss of opportunity as memorabilia / Service for reception adequate in the circumstances / Unable to establish photographer’s services were more expensive than anticipated / Damages for emotional harm and loss of reputation outside of Tribunal’s jurisdiction / Order made for $247 refund of champagne and $249.83 loss of flowers / Respondent ordered to pay $496.83 / Claim granted.

Fencing / Fencing Act 1978 / Applicants undertook fence repairs on their boundary with Respondent / Respondent states that damage to the fence had not resulted by her actions or property / Respondent was not notified of intended repairs / Applicants claim $775.23 for the cost of repairs / Neighbour owes duty of care to ensure their property is maintained so no loss is caused to neighbours / Respondent’s tree had caused minor damage to the fence / Damage needed to be repaired immediately / Claim allowed / Respondent to pay Applicant $637.23.

Contract / Consumer Guarantees Act 1993 / Fair Trading Act 1986 / Contract and Commercial Law Act 2017 / Applicant purchased a boat from Respondent | Applicant claimed Respondent breached sale and purchase agreement / Applicant claimed Respondent misrepresented state of the boat / Applicant sought $13,833.09 for work required to the boat / Respondent counterclaimed due to selling vessel at a lower price due to its condition / Held: Applicant agreed to purchase vessel in current condition / Outlined refit details were not covered in agreement / Respondent did not breach agreement / No misrepresentation of condition of vessel / Applicant relied upon her own judgement in purchasing vessel / Claim for reconnecting the chartplotter accepted, $47.22/ No legal basis for counterclaim / Claim granted in part and counterclaim dismissed.

Contract / Respondent purchased vehicle from Applicant / Vehicle damaged in collision and Applicant agreed to purchase vehicle from Respondent to go through repair process with insurer / Vehicle has structural damage and is uneconomic to repair / Applicant claimed $30,000 compensation / Held: Respondent entered contract with Applicant on understanding that Applicant would purchase damaged vehicle to receive benefit of insurance claim / Respondent breached contract / Respondent ordered to pay Applicant $30,000 / Claim allowed.

Contract / Contract and Commercial Law Act 2017 / Applicant purchased ute from Respondent / Applicant later informed vehicle required repairs due to extensive corrosion / Applicant claimed $20,000 / Held: Respondent misrepresented condition of ute / Misrepresentation induced Applicant to purchase vehicle / Applicant entitled to estimated repair costs / Respondent ordered to pay Applicant $14,472.75 / Claim allowed.

Contract / Applicant travelled on one of the Respondent’s regional flights to connect with an ongoing international flight / Respondent’s flight arrived seven minutes late / Applicant missed international flight / Applicant sought compensation for costs of new tickets, accommodation and transfers / Held: Applicant’s flight arrived only seven minutes late / If the Applicant’s flight had arrived on time he would have had insufficient time to make transfer to international flight / No breach by Respondent found / Claim dismissed.

Contract / Consumer Guarantees Act 1993 / Fair Trading Act 1986 / Money Claims Act 2016  / Applicant contracted Respondent to prepare resource and building consent plans and obtain associated reports for subdivision / Applicant made payments totalling $57,270 / Applicant discovered that no applications had never been lodged with the City Council / Applicant intended to cancel contract and claimed refund of money paid / Claim reduced to $30,000 to fit within Disputes Tribunal limit / Held: Applicant did not receive any value from contract and is entitled to claim / Consultant personally responsible to pay compensation / Respondent liable to pay claim with interest / Respondent ordered to pay Applicant $31,207.92 / Claim allowed.

Negligence / Applicant’s trailer was damaged during delivery to Respondent / Applicant claimed damage was result of Respondent’s negligence / Applicant claimed $405 for repair, $1000 for stress and worry, $1000 for Applicant’s time, and $90 for Tribunal filing fee / Held: both parties accepted Respondent had already paid Applicant $405 for repair / Tribunal does not generally award costs for time, stress and worry / Limited circumstances for awarding costs not met / Claim dismissed.

Contract / Respondent signed contract for services as independent contractor with Applicant / Respondent terminated contract leaving balance of advances on commission paid / Applicant claimed payment of weekly advances and insurance premiums incurred on Respondent's behalf / Held: Respondent liable to refund advance commissions received if he did not achieve commission payment / Respondent breached contract by failing to refund Applicant for insurance premiums paid on his behalf / Respondent ordered to pay Applicant $14,109.91 / Claim allowed.

Contract / Applicant provided estimate of $13,763.64 to Respondent for kitchen renovation building work / Respondent paid $20,670.43 / Applicant claimed $10,078.15 for unpaid invoice / Held: no meeting of parties' minds that Respondent’s payment had been made in full satisfaction of claim / Applicant entitled to pursue claim for further payment / Respondent liable to pay only 15% increase on original estimate as Applicant had no tangible evidence on prices / Respondent ordered to pay Applicant $3,130.56 / Claim allowed in part.

Contract / Misrepresentation / Contract and Commercial Law Act 2017 / Applicant purchased car from Respondent / Respondent asked whether car required work / Applicant said not aware that car needed work / Afterwards Respondent discovered vehicle required replacement parts / Respondent sought $915.09 for replacement parts / Held: Respondent misrepresented condition of vehicle to Applicant / Applicant  induced to purchase car by misrepresentation / Respondent provided evidence of cost of replacement parts, $915.09 / Respondent ordered to pay $915.09 / Claim granted.

Contract / Applicant engaged Respondent to renovate her house / Contract was for estimated costs of $305,211.91, signed in October / By following June, Applicant had paid $305,000 / Applicant cancelled contract because of increased costs / Project was abandoned, not all work was completed / Applicant sought cost of remediation, estimated at $29,933.00 / Respondent counterclaimed $24,890.65 for building work completed before contract was cancelled / Respondent claimed increased costs was due to higher cost of building supplies / Respondent provided evidence of invoices, expenditure and variations / Held: Applicant cannot expect the certainty of a fixed price contract when only estimated costs were agreed / Respondent had completed invoiced work / Applicant liable for the invoiced amount, $24,890.65 / Respondent not liable for any remediated costs / Claim dismissed / Counterclaim granted.