Disputes Tribunal of New Zealand

Contract / Building Act 2004 / Consumers Guarantees Act 1993 / Applicant entered agreement to purchase house under construction from Respondent / Applicant discovered issues with building work / Applicant claimed $30,000 for remedial works / Held: Respondent failed to provide building work with reasonable care and skill / Respondent breached implied warranties in the Building Act and implied guarantees in the Consumer Guarantees Act / Respondent ordered to pay Applicant $30,000 / Claim allowed.

Misrepresentation / Contract and Commercial Law Act 2017 / Applicant purchased a wedding archway for $400 from Respondent in a private sale online / Archway snapped during attempted assembly / Applicant sought refund for misrepresentation / Held: no misrepresentation established / Maxim “buyer beware” still largely applies to private sales / By purchasing the archway privately without a proper inspection, the Applicant took the risk that it might not be of good quality or durability / Claim dismissed.  

Sale of goods / Contract and Commercial Law Act 2017 (CCLA) / Applicant purchased Utility Terrain Vehicle (UTV) from Respondent for $32,487.50 / Applicant found various faults with UTV / Respondent attempted to repair issues but some faults remain / Applicant claimed $29,239 refund including 10% depreciation and wished to return UTV to Respondent / Held: UTV was not of merchantable quality / UTV was not fit for purpose / CCLA does not allow Tribunal to order Applicant to return UTV to Respondent / Respondent ordered to pay Applicant $26,000 / UTV remains property of Applicant to dispose of as he chooses / Claim partially allowed.

Sale of Goods / Contract / Contract and Commercial Law Act 2017 / Applicant purchased tiny house on trailer from Respondent / Piece of cladding fell off en-route to Applicant / Applicant claims cost of repair $9,775 minus cost of installing gutter and downpipes / Respondent counterclaim cost of installing water tank and toilet $4,800 / Held: no evidence that cladding had to be replaced was anything other than minor amount described by Respondent / Applicant not liable to pay for installation of water tank and toilet as they were not express terms of contract / Respondent ordered to pay Applicant $342 / claim partially allowed.

Contract / Applicant and Respondent met online / Applicant agreed to collect a boat and trailer for Respondent from the port and deliver it to another city / Applicant was expected to pick up boat from port on 31 August / Applicant had vehicle trouble enroute and stopped to fix it causing delay / Respondent claims tyres on trailer were badly worn on delivery as a result of the Applicant’s driving and Applicant breached the contract by not picking up the boat on time / Applicant claims $1300 from Respondent for the cost of delivery / Held: there was no proof the tyres were damaged as a result of applicants driving / The applicant did all he could to ensure he collected the Respondent’s boat as soon as possible / Not a term of contract that boat had to be picked from port on 31 August / Respondent must pay Applicant $1300 for delivery / Claim granted.

Contract / Respondent successful bidder of Applicant's property / Property flooded and Respondent requested contract to be cancelled / Applicant claimed expenses incurred that exceeded amount of deposit / Held: Respondent not entitled to cancel contract as breach of contract not established / Respondent ordered to pay Applicant $10,479.24 / Claim allowed.

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.