Disputes Tribunal of New Zealand

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.

Consumer law / Consumer Guarantees Act 1993 / Applicant claimed $29,992.44 from Respondents on basis he was not provided marine engine services with reasonable care and skill and repaired engine he was supplied was not fit for purpose / Held: Applicant failed to prove Respondents failed to provide service with reasonable care and skill / Applicant failed to establish causal connection between engine boat engine failure and services provided by Respondent / Claim dismissed.

Negligence / Pizza oven fire spread from Respondent’s home to Applicant’s neighbouring home / Applicant claimed Respondent was negligent in failing to follow installation specifications when installing pizza oven / Applicant claimed $18,754.37 in repair costs from Respondent / Respondent claimed they did not receive the relevant specification and denied liability / Held: insufficient evidence Respondent received specification / Claim dismissed.

Negligence / Respondent’s power lines ran across part of Applicant’s land / Parties signed tree maintenance agreement relating to trees near power lines / Applicant discovered steer trapped by branches left behind after they had been felled by Respondent / Steer died due to injuries sustained / Applicant claimed debris was not removed and was not cut into manageable lengths / Applicant brought claim against Respondent for $30,000.00 / Held: not proven that Respondent breached agreement when they felled trees / Not reasonably foreseeable that felled branches and trunks would cause hazard for animals / Not proven that branches and trunks were unmanageable / Not proven that Respondent breached duty of care causing loss of property / Respondent not negligent in circumstances / Claim dismissed.

Contract / Applicant managed respondents farm under sharemilking agreement / Issues identified that were considered a breach of contract / Respondents gave applicant notice to terminate contract / Applicant claims compensation for loss of earnings, storage for belongings, calf milk powder and water pump / Held: termination of agreement was unlawful / Respondents repudiated contract / Applicant entitled to damages as consequence of repudiation / Applicant entitled to loss of earnings damages / Applicant entitled to storage costs / Other parts of claim not proven / Claim allowed, respondents to pay applicant $19,898.95

Tort / Private nuisance / Trespass / Applicant hired contractor to trim neighbouring Respondent’s trees to prevent “ongoing damage” caused by overgrown debris / Applicant claims $3,092.50 in private nuisance for damage caused to iron fence by overgrown trees / Respondent counter-claims $999.99 in trespass for damage caused to trees and plants by contractors / Held: Respondent’s overgrown trees caused unreasonable interference and damage to Applicant’s fence / However, Applicant caused damage to Respondent’s trees and plants by allowing contractors to trespass trimming trees / Applicant entitled to $3,047.50 in damages / Respondent entitled to $350.00 for damage to trees and plants / Respondent to pay Applicant $2,697.50 / Claim and counter-claim partially allowed.