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1863 items matching your search terms

  1. AAQ Ltd v ZZJ, ZZK and ZZL [2013] NZDT 13 (16 April 2010) [PDF, 84 KB]

    Consumer Guarantees Act 1993 / guarantees as to acceptable quality and fitness for purpose / Applicant purchased diesel from First Respondent’s petrol station / almost immediately after purchasing the diesel, the Applicant’s Landcruiser’s engine failed due to a breakdown in the vehicle’s fuel injection system /  repairs cost over $12,250 / held that CGA applied as diesel fell within the definition of a “good” under the CGA, and it was sold in trade by the First Respondent / also a claim against the Second Respondent, the New Zealand company the distributed the fuel to petrol stations as “manufacturer” / held that the engine failure was caused by fuel contaminated by water / First Respondent had failed to maintain diesel tank resulting in higher-than-normal water levels in the diesel / First Respondent liable under the CGA / Second Respondent not liable under the CGA as there was not evidence to suggest the fuel was contaminated when it was delivered to the First Respondent / 30 per cen…
  2. AAF and AAG v ZZU [2010] NZDT 45 (26 February 2010) [PDF, 71 KB]

    Jurisdiction / personal injury / Disputes Tribunal Act 1988 / Applicants claimed damages against Respondent for negligent health care services including damages for emotional harm, anxiety and stress / matter was investigated by Health and Disability Commissioner / Respondent refunded cost of treatment / Held: Applicant’s claim is founded on tort of negligence causing personal injury and emotional harm / personal injury claims exclusively covered by Injury Prevention Rehabilitation and Compensation Insurance Act 2001 / therefore, claim outside jurisdiction of Tribunal / claim struck out.
  3. AGP v ZTZ Ltd [2009] NZDT 554 (23 November 2009) [PDF, 69 KB]

    Jurisdiction / Disputes Tribunals Act 1988 / Applicant purchased new motor vehicle from Respondent / automatic transmission failed / Applicant claimed for the cost of repair as vehicle was not of “acceptable quality” under the Consumer Guarantees Act 1993 (CGA) / Held: Motor Vehicle Disputes Tribunal has jurisdiction to deal with claims under the CGA against motor vehicle traders / claim more properly determined there with the assistance of a specialist assessor / claim transferred to Motor Vehicle Disputes Tribunal.
  4. ADC v ZWY [2009] NZDT 199 (31 July 2009) [PDF, 76 KB]

    Contract / Contractual Remedies Act 1979 (CRA) / Applicant engaged Respondent to sew garments / Applicant notified Respondent that she would be stopping payments because she was dissatisfied with the workmanship and the garments were not of the required standard / Respondent claims for payment of invoice and Applicant claims for the cost of the materials used for the sewing of the garments / Held: implied term of the contract that sewing would be done to an acceptable standard / essential term / Applicant entitled to cancel the contract in accordance with s 7 of the CRA / s 9 of CRA allows an order for damages when contract is cancelled by any party / no compensation payable to Respondent for her performance of the contract as the garments have no value / Applicant’s counterclaim successful, Respondent’s claim dismissed / Respondent to pay Applicant $223.44.
  5. AAD v ZZW LTD [2009] NZDT 9 (9 June 2009) [PDF, 70 KB]

    Contract / Sharemilkers Agreements Act 1937 / Applicant was appointed by the Respondent and a third party to act as a conciliator in sharemilking dispute / both parties agreed to pay half the costs of the conciliation / Respondent had not paid its account and considered the work done by the Applicant to be in breach of her contract as a conciliator / held that the Applicant failed to carry out her role as conciliator with reasonable skill and care, and in accordance with the Sharemilking Agreement / conciliator was obliged to immediately convene a hearing between parties; to assist parties to reconcile their views on the dispute to reach an amicable settlement, and to provide independent and impartial assistance / was not relevant that the Applicant was not a member of a professional body of mediators, or that she failed to complete the conciliation in the timeframe envisaged under the Sharemilking Agreement / held that the failings in the process adopted by the Applicant significantly…
  11. KG v TM [2020] NZDT 1416 (12 August 2020) [PDF, 213 KB]

    Negligence / Assessment of primary liability and contributory negligence / Assessment of reasonable losses suffered / Applicant and respondent were drivers involved in a minor motor vehicle accident / Collision occurred when Respondent passed the Applicant’s vehicle on the left, and Applicant was completing a left-hand turn / Applicant claims repair costs of $4,380.37 / Respondent counter-claims repair costs of $2995.75 / Held: no contributory negligence on Applicant’s behalf, Respondent in breach of s 2.8 of the Land Transport (Road User) Rule 2004, and 100% liable for the collision / Detailed invoices and photographs provided by Applicant represented the actual and reasonable losses sustained / Applicant’s claim allowed, Respondent’s claim dismissed / Respondent ordered to pay $4,380.37 to Applicant’s insurer
  12. UB v KL [2020] NZDT 1372 (13 November 2020) [PDF, 170 KB]

    Contract / Contract and Commercial Law Act 2017 / Applicant rented a semi-self-contained studio on Respondent’s property / After moving in Applicant found stove not working and electrical wires cut, the television did not work and the external door did not close or lock / Respondent declined to fix the problems offering Applicant to use her kitchen and to install SKY / Applicant moved out after two nights notifying Respondent in writing / Respondent refused to return bond and advance rent / Applicant claims refund of $500 bond and $400 being two weeks advance rent payment / Held: offer of 1-bedroom studio with kitchen and television facilities was misrepresentation / Applicant entitled under Contract and Commercial Law Act 2017 to seek damages / Claim allowed / Respondent ordered to pay Applicant $907.44
  13. PG Ltd v KH Ltd & JC Ltd [2014] NZDT 1346 (31 October 2014) [PDF, 217 KB]

    Insurance claim / Applicant had insurance with Second Respondent through the Second Respondent who is an insurance broker / Applicant’s insurance cover changed in 2012 limiting claims to incidents within 5 kms of Applicant’s business / Applicant made claim in January 2013 for incident 85 kms from business and was paid by Second Respondent / Applicant made claim in September 2013 for incident 150 kms from business and claim was denied / Applicant claimed payment for loss from Second Respondent in the sum of $11,114.81 / Second respondent seeks to recover $9,477.29 paid in error to the Applicant / Held: Second respondent not required to pay Applicant because it paid out on previous claim / Held: Respondent did not take reasonable care and skill to renew Applicant’s insurance / Respondent in breach of obligations to Applicant / Held: Applicant likely to have found other adequate cover which would have paid out September 2013 claim / Claim allowed / Tribunal reduced amount of Applicant’s c…