Disputes Tribunal of New Zealand

Loans / Parties were in a month long relationship / Afterwards, Respondent asked Applicant for loans / Later, Respondent asked Applicant for a larger amount, $3,485.00, for bond money / Applicant claimed he gave the loan amounts on the condition Respondent would repay them /  Respondent did not repay money / Applicant claimed $5,415.00 / Held: Respondent received money from Applicant as loans and not as gifts / Communication from Respondent indicated she understood she was being loaned money / Respondent ordered to pay $5,415.00 / Claim allowed.

Property / Fencing law / Fencing Act 1978 / Applicants and Respondent own adjoining properties / Storm damaged fence on property boundary / Applicant claimed damage posed imminent threat / Applicant asked property manager for Respondent to contribute without success / Applicant had contractor repair fence for $3500 / Applicant claimed for Respondent to pay a half of the cost / Held: repair work not required immediately / Section 16 of the Fencing Act does not apply / No agreement or fencing notice was issued to Respondent / Section 10 of Fencing Act not complied with / Respondent not liable to contribute towards cost of fence / Claim dismissed.

Contract / Parking infringement / Applicant issued breach notice by Respondent for parking at shopping centre “without permission in authorised vehicle only car park” / Applicant appealed breach notice with Respondent twice without success / Applicant filed claim with Tribunal / Respondent advised Applicant it had waived breach notice / Applicant claimed $500.00 for time spent appealing original breach notice and time spent on Tribunal claim / Held: original breach notice did not correctly state what terms and conditions Applicant had breached / Applicant spent approximately 30-45 minutes dealing with matter / Applicant did not suffer any financial loss requiring compensation from Respondent / Circumstances not met for awarding Tribunal costs / Claim dismissed.

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased a laptop from Respondent / Four years later the logic board failed / Applicant claimed laptop was not of acceptable quality / Applicant claimed $1,482.41 being the cost to replace the logic board / Held: laptop was not of acceptable quality / Evidence indicated life expectancy of a laptop was five years / Respondent ordered to pay Applicant to pay $1,482.41 / Claim allowed.

Consumer Law / Consumer Guarantees Act 1993 / Applicant purchased second-hand RTV from Respondent / RTV experienced issues / Applicant wanted to return RTV but Respondent refused / Held: Respondent met definition of "supplier" / Applicant met definition of "consumer" / Accumulation of defects amounted to a substantial failure / Applicant was entitled to cancel the contract / Applicant entitled to receive cash payment of $6,000 back plus $1500 for traded in and sold quad bike / Claim allowed

Contract / Respondent engaged Applicant to oversee restaurant fit out / Applicant claimed $29,431 for unpaid invoices / Respondent argued hours claimed in invoices were excessive / Respondent counterclaimed $30,000 for costs associated with incorrect window installation / Applicant argued issue with window was outside its contracted responsibility / Held: contract was for project management services / Three of five claimed invoices were excessive / $22,000 more fairly reflected value of hours charged / Given Applicant’s project management function, it did have responsibility for window / Applicant breached contract by failing to exercise reasonable care and skill by failing to promptly identify fault with window / Applicant liable for $16,596.35, one month’s rent while restaurant unable to open due to window issue / Respondent ordered to pay $5,403.65, being $22,000.00 outstanding invoices less $16,596.35 / Claim and counter-claim both allowed in part.

Contract / Respondent entered into an agreement to sell a property to Applicant / Offer from Applicant added two kayaks to chattels list / Respondent countersigned the offer then texted afterwards that kayaks belonged to their neighbour / Respondent offered to pay $200 for kayaks / Neighbour refused to let the Applicant have kayaks / Applicant claimed $1,200.00 in compensation from Respondent for not receiving kayaks / Held: Respondent was contractually obliged to pass ownership of the kayaks to Applicant / Damages were payable as Respondent was unable to pass ownership of the kayaks to Applicant / Respondent said kayaks were very old / Applicant bears the onus of proving his claim, but he did not provide any evidence of the market value of the kayaks / Respondent conceded that the kayaks would be worth $100.00 / No evidence presented that the kayaks had a higher value / Respondent ordered to pay $100 in compensation for failure to deliver kayaks / Claim granted in part.

Contract / Consumer law / Consumer Guarantees Act 1993 / Applicant took his recently purchased car to Respondent for a custom wrap / Applicant paid $4,700.00 / Applicant unhappy with result and also claimed car was damaged / Applicant claimed $5,500.00 for repair costs and having wrap redone / Held: evidence accepted that Respondent failed to carry out wrap work with reasonable care and skill / Respondent’s failure was of substantial character / Applicant entitled to cancel contract and receive a full refund / Applicant’s estimated costs accepted / Respondent ordered to pay $5,500.00 / Claim allowed.

Contract / Consumer Guarantees Act 1993 / Applicants booked Respondent to provide decorations for two pre-wedding events, paid $4,167.60 / Applicants claimed Respondent got date wrong for one of the events and arrived late with incorrect decorations / Applicants sought $5,000.00 from Respondent, comprising full refund for event, refund of three hours of venue hire and compensation for stress and inconvenience / Respondent counterclaimed $1,999.00 compensation for extra services provided and for stress / Held: Respondent had the wrong date and was not prepared for the event / Decorations provided were not what had been discussed / Full refund not appropriate as services were rendered but not what was agreed on / Partial refund awarded to indicate reduction of value of services / Respondent ordered to pay Applicants $808.48 / No contractual basis for Respondent to claim any payment from Applicants / Claim allowed in part, counterclaim dismissed.

Contract law / Contract and Commercial Law Act 2017 / Personal Property Security Register (PPSR) / Applicant signed lease agreement for two printers for 60 month term / Halfway through contract, Applicant wished to end the PPSR over the printers as it had sold its business / Respondent agreed to release first Applicant from the contract on the basis second Applicant would contract for the same printers for the remaining term of lease / Second Applicant later sought to be released early from the lease / First applicant claimed for a declaration it is not liable for the remaining period of the lease / Respondent counterclaimed for payment to the full lease period / Held: Respondent has proven it is entitled to be compensated for the unpaid rental as per the agreed contract / Applicant ordered to pay Respondent $5,848 / Claim dismissed.

Contract / Applicants’ rental properties were damaged by floods / Applicants made claim for repairs to Respondent, their insurer / Cover declined on basis damage to retaining wall was gradual damage therefore not covered, only some damage to fence was due to flood, and damage to garage was due to improper waterproofing installation / Applicants claimed $14,620.75, being $13,291.59 for repairs plus 10% inflation, plus $5,000 compensation for stress / Held: damage to retaining wall due to single accidental occurrence of flooding rather than gradual deterioration, therefore covered / Respondent to cover repairs to entire fence, not just 6m accepted by Respondent / Garage damage caused by flooding, insufficient evidence of waterproofing issue / Applicants entitled to $9,830.20 for retaining wall repair, $4,378.63 for fence repair, and $792.87 for garage repair / Claims for compensation for stress and for inflation unsubstantiated / Respondent ordered to pay $13,291.59 / Claim allowed in pa…

Tort / Negligence / Applicant and Respondent parked opposite each other in carpark / As they both went to leave, their vehicles came into contact / Applicant claimed $2,119.99 for damages caused to their car / Held: evidence inconclusive to establish Respondent caused the damage to the Applicant’s car / Claim dismissed.

Negligence / Parties were involved in road collision between Applicant’s car and Respondent’s truck towing a wide-load trailer with an excavator / Applicant claimed $9,844.00 for repairs to her vehicle / Respondent counterclaimed $4,999.00 for lost earnings responding to claim against it / Held: Respondent’s vehicle was preceded by pilot vehicle and truck and trailer displayed signs and hazard warning flags / Pilot instructed Applicant to stop / Applicant failed to comply with direction to stop, and her decision to continue to advance to an unsafe position caused the collision / Respondent not responsible for collision / Respondent not entitled to costs / Claim and counter-claim dismissed.