Disputes Tribunal of New Zealand

Tort / Negligence / Rule 5.9(3) of the Land Transport (Road User) Rule 2004 / Respondent’s car hit Applicant’s car / Applicant claimed Respondent liable to pay for damage / Respondent claimed he was not liable as a third party shunted his car and caused collision / Held: respondent not liable / On balance of probabilities, third party shunted Respondent’s car and Respondent’s driving not cause of collision / Claim dismissed.

Contract / Loan / Applicant provided Respondent with a loan / Applicant claimed Respondent had stopped communicating with them and failed to repay the loan in full / Applicant sought $16,774.94, $11,612.97 for outstanding loan plus interest and inflation / Held: outstanding amount of $11,612.97 owed by Respondent made out / Interest rate Applicant sought was exorbitant so reduced to courts prescribed interest rate totalling $422.70 / Additional costs for inflation not allowed / Respondent ordered to pay Applicant $12,035.67 / Claim allowed in part.

Contract / Fair Trading Act 1986 / Contract and Commercial Law Act 2017 / Applicant bought caravan from Respondent, selling on behalf of third party / Third party did not want to sell caravan after Applicant asked for certain specifications prior to delivery / Applicant claimed for Respondent to supply equivalent caravan in certified and compliant state at agreed price, or compensation of $12,250 / Held: Applicant did not suffer any loss from breach by Respondent as Applicant knew of issues and decided to purchase anyway / Applicant unable to prove misrepresentation induced him to enter contract with Respondent to purchase caravan / Respondent did not fail to meet legal obligations for WOF and registration / Respondent breached Agreement when it cancelled Agreement and returned deposit to Applicant / Respondent ordered to pay Applicant $1,600 / Claim partially allowed.

Contract / Applicant parked in private parking spot managed by Respondent / Respondent issued breach notice to Applicant’s previous address / Applicant received notice after due date and paid $245.00 to Respondent and explained notice had been sent to previous address / Respondent sought further late fee of $75.00 / Applicant refused to make further payment / Applicant claimed refund of $245.00 fee, declaration they were not liable for further $75.00 fee and $200.00 for stress and anxiety / Held: Applicant trespassed on land / Applicant entered into contract with Respondent / Contract terms set out $95.00 infringement fee / Any further fees not clearly signposted / Applicant not entitled to compensation for stress and anxiety / Respondent to refund Applicant $150.00 / Claim partially upheld.

Contract law / section 31 of Consumer Guarantees Act 1993 / Applicant provided concrete foundation services to Respondent / Respondent refuses to pay the Applicant’s final invoice / Applicant claim the price of the final invoice, $3,368.70 / Respondent claim they have been overcharged and part of the amount owing was due to a delay caused by Applicant / Held: Respondent agreed to a price for some of the extra concrete / Applicant did not carry out its services with reasonable care and skill / It was foreseeable this resulted in extra cost, therefore applicant liable to reimburse respondent this cost / Claim partly allowed, Respondent ordered to pay Applicant $1,226.71

Contract / Applicant contracted Respondent to repaint truck for $7000 and build a well-side tray for a different truck for $4,000 / Respondent agreed to complete within three weeks /Applicant paid Respondent deposit of $6,500, $3,500 for repainting, $2,000 for tray / Applicant cancelled contract for repainting after Respondent failed to carry out work within timeframe / Applicant claimed Respondent also failed to complete tray or refund money as promised / Applicant sought refund of deposit / Respondent claimed limited liability status / Held: Respondent cannot claim limited liability as it failed to inform Applicant it was entering into a contract with limited liability company / Respondent failed to perform contract as agreed / Respondent ordered to refund Applicant total deposit, $5,500.00 / Claim granted.

Consumer law / Consumer Guarantees Act 1993 / Contract and Commercial Law Act 2017 / Applicant purchased caravan from Respondent / Applicant alleged Respondent misrepresented caravan saying it had no leaks and mould / Applicant claimed $15,000 / Held: Respondent not in trade for selling caravans and this is a private sale / Respondent did not intend Applicant to be induced by misrepresentation nor wilfully used language to induce Applicant to purchase caravan / Claim dismissed.

Contract / Applicant was a dog breeder / Applicant bred a dog and sold her to Respondent / Parties signed a contract indicating Respondent would have dog spayed by 6 months old /  Applicant alleged Respondent never had dog spayed and that the Respondent bred from her / Applicant also claimed Respondent gave the dog to a new owner / Applicant sought $3,500.00 in compensation, purchase price of dog / Held: Respondent giving dog to a new owner was not a breach of contract / Insufficient evidence to establish that dog gave birth to a litter of puppies / Likely that Respondent breached the contract by not having the dog spayed / Contract silent on any remedy for breach of contract / Applicant unable to quantify a value, or provide evidence of any financial loss that she has incurred as a result / Claim dismissed.

Contract law / Applicants bought concert tickets from Respondent / Concert rescheduled due to COVID and Applicant’s son could no longer attend / Applicants claimed refund of concert ticket / Held: Applicants entitled to refund under terms of ticket sales / Respondent ordered to pay applicant $139.89 / Claim allowed.

Contract / Applicants engaged respondent to carry out pre-purchase house inspection / Applicants moved in and noticed audible drips and leaks in house / Applicants obtained quote from roofing company and got another inspection / Respondent says at time he inspected it was structurally sound, no sign of rust or leaking, no water damage on trusses / Applicants seek cost of new roof and associated costs / Held: not established that were visible signs on the exterior of roof / 9 month gap poses evidential issue / Existence of rotten beam in roof space should have been pointed out to applicants but uncertain whether applicants would have taken any further action / Respondent not liable for costs associated with purlin replacement / No remedy available / Claim dismissed.

Contract / Applicant won auction for gym equipment / Applicant paid Respondent $1,150.00 purchase price / Applicant had difficulty collecting equipment and relisted equipment for auction / Applicant advised Respondent that new auction winner would collect equipment / Respondent refused and relisted equipment for auction / Applicant refunded new auction winner / Applicant claimed refund of purchase price / Held: Respondent breached contract by refusing to hand over equipment / Respondent to refund Applicant $1,150.00 purchase price / Claim granted.

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant enrolled in a course with the Respondent / Applicant claims a refund of course fees paid, $7,821.20, as the course had a significant overlap in content with his previously completed diploma / Respondent told Applicant the course content was going to be “vastly different” to his previously completed diploma / Held: Applicant raised his concerns of the content overlap with the Respondent before the contractual refund period had expired / Respondent has breached its obligation of reasonable care and skill under the CGA by describing the paper as “vastly different” to the diploma / Respondent is entitled to 90% of the sum claimed / Claim partially granted.

Loan / Respondent had possession of Applicant’s phone / Applicant claimed for return of phone or payment for it / Held: likely that phone was loan, not gift / Respondent ordered to return phone or pay Applicant $1999 / Claim allowed.