Disputes Tribunal of New Zealand

Contract / Applicant engaged by Respondent to provide digging services in preparation for tiny home siting / Agreed Respondent would pay $2,730.05 for work / After work was carried out Respondent paid all but $555.66 of invoiced amount, 5 hours of digger and driver hire /  Dispute over whether fixed price due for work done or price based on time spent on job / Held: Applicant needed to be clearer that it intended to provide fixed price even if job was carried out in less time than priced / Respondent already paid actual time spent by Applicant on his job / Claim dismissed.

Negligence / Applicant and Respondent were involved in vehicle collision / Applicant alleged Respondent reversed into Applicant’s stationary vehicle, causing collision / Respondent alleged Applicant was at fault / Applicant claimed $4543.05 for repairs / Held: Photos of damage to Applicant’s vehicle supported Applicant’s version of events / Respondent ordered to pay Applicant $4543.05 / Claim allowed.  

Contract / Fraud / Applicant responded to online listing selling gaming console for $450, listed by seller representing themselves as Respondent / Through series of online interactions, Applicant paid seller total of $1100 but never received goods / Applicant claimed refund and additional $400 for bank processing fees and time spent dealing with matter / Respondent gave evidence that their company names had been used in scam activity to defraud multiple people / Held: Applicant had been defrauded by scam, had not been dealing with Respondent online / Claim dismissed.

Contract / Misrepresentation / Applicant leased commercial unit to Respondent from 2017 / After a rent review the lease was terminated / Applicant initially claimed $7,166.83 in rental arrears including interest and legal costs / Applicant subsequently abandoned claim for interest and legal costs, but claimed refund of filing fee / Respondent counter-claimed $2,024.07 refund for a misrepresentation in the floor area / Held: Respondent not induced to enter into the contract due to the floor area being misrepresented / Respondent failed to provide any evidence to show loss suffered as a result / Applicant not entitled to a refund of filing fee / Respondent ordered to pay $5,852.55 / Claim allowed.

Contract law / Applicant engaged Respondent to convert a truck into an arboriculture truck / Respondent provided a quote and applicant paid $10,000.40 upfront / Respondent said there was a delay in obtaining a hoist required for the job and other part / Parties’ relationship deteriorated / Applicant were forced to sell the truck / Applicants claim losses of $30,000 / Held: Respondents repudiated the contract therefore Applicants were justified in cancelling the contract / Applicant has successfully proven the loss of $30,000 / Claim allowed, Respondent ordered to pay Applicant $30,000.

Consumer law / Contract / Applicant engaged Respondent to replace car thermostat, to address overheating, paid $300 / Car still overheating next day / Some months later, Applicant took car to different mechanic, who advised thermostat did not look to have been recently replaced, replaced thermostat for Applicant for $230 / Applicant claimed $1000 from Respondent, being $300 for refund and $700 for stress, alleging Respondent did not complete work charged for / Held: evidence supported conclusion that Respondent carried out repair for Applicant / Need for further repair work was not result of Respondent’s work on vehicle / Claim dismissed.

Contract / Consumer Guarantees Act 1993 / Applicant engaged Respondent to fix water heater and clear blocked drain / Respondent assessed water heater as not worth fixing, gave $3,622 quote for replacement / Respondent invoiced $299 for work / Applicant engaged different plumbing company, who reset water heater for $155 / Applicant refused to pay Respondent’s invoice, accepted liability only for $144 being Respondent’s invoice less amount paid to second plumber, sought declaration to this effect / Respondent counter-claimed $842.86 for original invoice, gas fitting assessment, time spent defending claim, and interest / Held: Not proven that Respondent’s assessment of water heater was wrong or service provided fell short of consumer guarantees / Applicant therefore liable for full amount of Respondent’s invoice / Respondent’s additional claimed costs not made out / Applicant ordered to pay Respondent $299 / Claim dismissed, counter-claimed allowed.

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased e-bike manufactured by Respondent for $8,403.00 / Bike’s battery failed after three years / Respondent supplied replacement battery for discounted price of $1,070.00 / Applicant claimed refund of replacement battery cost / Held: battery’s failure was due to manufacturing defect, not misuse by Applicant / Battery did not meet guarantee of acceptable quality / Applicant entitled to compensation for loss of value and inconvenience, but not full cost of replacement battery / Respondent ordered to pay Applicant $500 / Claim allowed.

Contract / Applicant entered into property management agreement with Respondent  / Applicant claimed Respondent breached agreement by moving items out of apartment that were later destroyed by flood damage / Applicant claimed $2,467.00 from Respondent to replace items / Held: Respondent did not breach agreement by removing Applicant’s furniture from apartment to enable it to be rented / Applicant breached agreement by failing to purchase insurance for property / Respondent not responsible for loss of furniture / Claim dismissed.

Contract / Consumer Guarantees Act 1993 / Respondent engaged Applicant to install pool / Pool set in the ground at a higher level than what Respondent expected and as per contract / Respondents asked Applicant to pay further $8,131.69 for remedial work / Applicant claimed outstanding balance owing for pool installation and interest / Respondent counter-claimed balance owing for remedial work around pool and on the lawn / Held: height of pool discussed with Respondent / Finished pool height was 170mm above the patio / Contract complete and final payment must be paid by Respondent / Applicant obliged to remediate damage to lawn / Applicant not entitled to charge interest / Respondent ordered to pay Applicant $8,072.69 / Claim allowed in part.

Contract / Misrepresentation / Consumer Guarantees Act 1993 (CGA) / Contract and Commercial Law Act 2017 / Applicant purchased racing engine from Respondent for $25,000 / Applicant later discovered engine had serious technical issues / Applicant claimed $30,000, being refund plus costs associated with testing engine / Held: engine sold in private sale, not through Respondent’s company / As engine not sold in trade, CGA did not apply / Applicant failed to prove Respondent misrepresented condition of engine, inducing Applicant to enter agreement / Claim dismissed.

Contract / Agency / Applicant contracted by Respondent to design and price kitchen for customer / Kitchen joinery manufactured and supplied / Five invoices were rendered / Applicant claimed three unpaid invoices totaling $15,472.81 / Held: Respondent transacting as an agent of customer rather than its own behalf / Applicant’s contract was with homeowner / Claim needs to be bought against customer / Claim dismissed.

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased spa pool from Respondent / Pump was replaced after failure, replacement pump also failed / Applicant sought to reject pool, claimed $5,999.00 refund / Held: Applicant failed to prove pool was not of acceptable quality or fit for purpose / Source of pool failure could not be determined on evidence provided, possibility of user error rather than manufacturing defect / Claim dismissed.