Disputes Tribunal of New Zealand

Contract / Contract and Commercial Law Act 2017 / Applicant purchased a truck from Respondent / Inspection found that truck was in good condition / Deposit was paid and the truck was freighted to the Applicant / Truck arrived with damage / Applicant sought costs to repair damage / He also sought the cost of a mechanical warranty / Held: Respondent breached duty of care as a bailee of the truck / Evidence indicated that a mechanical warranty had been agreed / Misrepresentation by Respondent  motivated the Applicant to enter into the contract / Respondent ordered to pay $10,543.56, $7,428.56 for repair costs and $3,115.00 for warranty / Claim granted.

Contract / Licence to Occupy (LTO) / Applicants purchased a property from Respondents / Funds for purchase were conditional on Applicants selling their properties / Applicants took possession of new property before settlement date under LTO and stated “pre-settlement inspection issues will not be raised” / Applicant claimed LTO signed under duress and were only agreeing liability for any damage during LTO period / Applicant claimed breach of warranties under clause 9 of Agreement for Sale and Purchase (ASP) / Respondent claimed LTO prevents Applicant from claims under ASP / Held: Applicants had legal advice and did not sign LTO under duress / LTO did not state rights under clause 9 (vendors warranties and undertakings) of ASP were waived / Applicants able to claim for issues present at pre-settlement inspection that are in breach of clause 9.3(1) / Applicants able to claim for replacement of a broken switch, other claims not covered by clause 9.3(1) / Respondent ordered to pay $46 to A…

Contract / Consumer Guarantees Act 1993 / Applicant claimed Respondent did not build his deck correctly / Applicant claimed refund being amount paid to Respondent and cost of materials / Held: Respondent did not use reasonable care and skill when constructing deck / Deck not of acceptable quality / Respondent had not made any attempts to remedy defects / Failures were of substantial character / Applicant entitled to cancel contract and receive full refund / Respondent ordered to pay Applicant $17,778.00 / Claim allowed.

Contract / Legal fees / Applicant made and withdrew their claim / Respondent claimed legal fees as a lawyer had been hired / Respondent claimed claim was vexatious / Held: Claim was not vexatious / Claim was made and withdrawn in good faith / Respondents chose to engage counsel / Request for legal costs is declined / Claim dismissed.

Contract / Respondent installed hob at Applicant’s property / Applicant claims hob supplied was the wrong brand and has not been securely fixed to the bench / Applicant seeks refund of $449.00 paid to Respondent for sum and installation / Held: not persuaded Respondent entitled to another opportunity to complete installation / Claim allowed, Respondent to pay sum claimed by Applicant

Tort / Duty of Care / Respondent constructed roadway near Applicant’s property / Applicant felt vibrations at property / Applicant’s concrete floor cracked / Applicant claims damage occurred during time roadway was constructed / Applicant claims damage caused wholly or partially by roadworks / Applicant claims $22,245.02 towards repair / Held: damage to internal floor occurred during time roadway was constructed / Held: damage cause partially by roadworks / roller caused vibrations at property / vibrations primary cause of damage / Held: Respondent to pay Applicant $13,350.00 towards repair / Claim allowed

Contract / Applicant engaged the Respondent company to carry out orthodonic treatment / Contract was signed by Respondent and the dentist / Balance was paid in monthly instalments / Dentist passed away / Respondent company informed the Applicant that her treatment would have to continue at another practice / Respondent indicated that they would not be passing the Applicant's balance to the other dental practice / Remainder of the Applicant's treatment performed at another dental practice /  Applicant incurred extra costs and travel expenses / Respondent argued contract was between the Applicant and the deceased dentist / Applicant argued contract was between herself and the Respondent company / Held: dentist had acted with the authority of the Respondent / Respondent company was bound by the contract / Respondent company was a party to the contract so had an obligation to provide the treatment / Costs were reasonably foreseeable consequential losses / Respondent ordered to pay Applican…

Fencing / Fencing Act 1978 / Applicant claims contribution for the erection of a new fence / Applicant claimed that the existing fence was not adequate and needed replacing / Respondents counterclaimed this decision and objected the work on the proposed fence / Applicant claimed $1248.00 for the new fence / Held: Applicant’s claim was struck out as tribunal did not have jurisdiction to hear the claim / Applicant to pay for the replacement of the section he removed / Claim dismissed, Applicant ordered to pay $560.00 to Respondents

Tort / Negligence / Bailment / Applicant had driven their motorcycle to complete a compliance check / vehicle testing company parked applicant’s motorcycle in a storage area for motorcycles / Respondent hit applicant’s motorcycle with his vehicle while exiting testing station / motorcycle was taken to third party to get repairs / Applicant claims cost of repairs from respondent and vehicle testing company / Held: vehicle testing company liable as they had complete control over the storage location of Applicant’s motorcycle / Respondent did not take proper care when exiting the vehicle testing centre / vehicle testing company and Respondent to pay Applicant’s insurer $4,840.74 / Claim upheld.

Contract / Specific Performance / Applicant and Respondent entered into contract for supply of shelving / shelving split into two types, Type A and Type B / quote for $36,000.00+GST ($41,400.00) / Respondent paid $20,700.00 to Applicant / Applicant delivered Type A shelves to Respondent / Respondent refused to pay remaining balance for Type B shelves / Applicant claims $20,700.00 plus $2,000.00 for storage of type B shelves / Respondent claims that Type B shevles did not form part of contract / Held: contract was for the supply of both types of shelves / Respondent to pay Applicant $20,700.00 / Applicant to deliver Type B shelves to Respondent upon receipt of payment / claim allowed.

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant rented holiday home from Respondent / Applicant was unhappy with the cleanliness of the property / Applicant advised the Respondent of the issues / Respondent organised a cleaner to remedy the problem / Applicant claimed $1560.00, a 50% reduction in the holiday home rental / Held: evidence was inconsistent and did not fully support the claim / Respondent provided a remedy within a reasonable amount of time / Holiday home found to be reasonably clean / Respondent was not in breach of the contract or of the CGA / Claim dismissed.

Contract / Contract and Commercial Law Act 2017 / Applicant brought reformer bed off Respondent via an online auction / Applicant was dissatisfied with its condition / Applicant claimed Respondent misrepresented the condition inducing her to purchase it / Applicant claimed $1,740.89, cost to repair the reformer bed together with the Tribunal’s filing fee / Held: Respondent gave opinions as to the condition of the reformer bed and did not give clear statements / Applicant made assumptions based on the Respondent's opinion / Respondent therefore did not misrepresent the reformer bed and did not induce the Applicant into the purchase / Claim dismissed.

Negligence / Applicant’s car was parked / Respondent was towing a gated trailer / Trailer gate opened causing damage to Applicant’s car / Applicant’s insurer claims cost of repair $3,411.65 / Respondent claims trailer defective when they hired it / Hire company disputes claim / Held: Respondent liable for repair of Applicant’s car / Applicant’s insurer has paid for repairs/ Respondent to pay Applicant’s insurer $3,411.65 / Claim upheld.