Disputes Tribunal of New Zealand

Contract / Applicant had agreement with Respondent that she could store second building materials at his house / After a period of time the Respondent asked her to remove them / They were not made available to her / Applicant sought an award of the cost of replacing the building materials / Respondent said the materials were of no value / He texted and asked that she removed the materials but Applicant did not respond / After no response, Respondent then dumped them / Held: Respondent had a duty to take care of the items for a reasonable amount of time / There was insufficient evidence to establish the facts surrounding the removal requests / The materials were used and damaged / The monetary value could not be established / Claim dismissed.

Negligence / Car operated by Respondents hit Applicant’s car causing damage / Respondent 1 operated brake and accelerator from passenger seat / Respondent 2 operated steering wheel and directed Respondent 1 / Applicant and insurer sought $3,224.27 in damages / Respondent 2 denied liability / Held: Respondent 2 was in control of the car at the time of the collision and failed to exercise reasonable care / Respondent 1 also owed and breached their duty of care to ensure it operated safely / Both Respondents jointly and severally liable to pay Applicant’s insurer $3,178.40 for car damages and associated costs / Claim granted.

Contract / Consumer Guarantees Act 1993 / Fair Trading Act 1986 / Money Claims Act 2016  / Applicant contracted Respondent to prepare resource and building consent plans and obtain associated reports for subdivision / Applicant made payments totalling $57,270 / Applicant discovered that no applications had never been lodged with the City Council / Applicant intended to cancel contract and claimed refund of money paid / Claim reduced to $30,000 to fit within Disputes Tribunal limit / Held: Applicant did not receive any value from contract and is entitled to claim / Consultant personally responsible to pay compensation / Respondent liable to pay claim with interest / Respondent ordered to pay Applicant $31,207.92 / Claim allowed.

Negligence / Applicant’s trailer was damaged during delivery to Respondent / Applicant claimed damage was result of Respondent’s negligence / Applicant claimed $405 for repair, $1000 for stress and worry, $1000 for Applicant’s time, and $90 for Tribunal filing fee / Held: both parties accepted Respondent had already paid Applicant $405 for repair / Tribunal does not generally award costs for time, stress and worry / Limited circumstances for awarding costs not met / Claim dismissed.

Contract / Respondent signed contract for services as independent contractor with Applicant / Respondent terminated contract leaving balance of advances on commission paid / Applicant claimed payment of weekly advances and insurance premiums incurred on Respondent's behalf / Held: Respondent liable to refund advance commissions received if he did not achieve commission payment / Respondent breached contract by failing to refund Applicant for insurance premiums paid on his behalf / Respondent ordered to pay Applicant $14,109.91 / Claim allowed.

Contract / Applicant provided estimate of $13,763.64 to Respondent for kitchen renovation building work / Respondent paid $20,670.43 / Applicant claimed $10,078.15 for unpaid invoice / Held: no meeting of parties' minds that Respondent’s payment had been made in full satisfaction of claim / Applicant entitled to pursue claim for further payment / Respondent liable to pay only 15% increase on original estimate as Applicant had no tangible evidence on prices / Respondent ordered to pay Applicant $3,130.56 / Claim allowed in part.

Contract / Misrepresentation / Contract and Commercial Law Act 2017 / Applicant purchased car from Respondent / Respondent asked whether car required work / Applicant said not aware that car needed work / Afterwards Respondent discovered vehicle required replacement parts / Respondent sought $915.09 for replacement parts / Held: Respondent misrepresented condition of vehicle to Applicant / Applicant  induced to purchase car by misrepresentation / Respondent provided evidence of cost of replacement parts, $915.09 / Respondent ordered to pay $915.09 / Claim granted.

Contract / Applicant engaged Respondent to renovate her house / Contract was for estimated costs of $305,211.91, signed in October / By following June, Applicant had paid $305,000 / Applicant cancelled contract because of increased costs / Project was abandoned, not all work was completed / Applicant sought cost of remediation, estimated at $29,933.00 / Respondent counterclaimed $24,890.65 for building work completed before contract was cancelled / Respondent claimed increased costs was due to higher cost of building supplies / Respondent provided evidence of invoices, expenditure and variations / Held: Applicant cannot expect the certainty of a fixed price contract when only estimated costs were agreed / Respondent had completed invoiced work / Applicant liable for the invoiced amount, $24,890.65 / Respondent not liable for any remediated costs / Claim dismissed / Counterclaim granted.

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant purchased CCTV cameras from Respondent via an online auction / Auction automatically sent Applicant's address which was incorrect / Applicant emailed correct address to Respondent before goods were shipped and Respondent replied / Respondent sent cameras to wrong address / Recipient refused to return cameras / Applicant sought refund of $629.95 and costs / Held: CGA provided a guarantee as to delivery / As Applicant updated his address before cameras were sent, liability for undelivered goods remained with seller / Respondent ordered to refund purchase price of $629.95 / Costs claim dismissed / Claim granted in part.

Negligence / Heavy rain caused section of bank bordering Applicant and Respondent property to slip / Slip damaged Applicant’s trailer / Applicant claimed damages of $791.60 / Applicant claimed legal costs of $3,762.00 / Respondent counterclaimed legal costs of $1,951.32 / Held: Respondent did not breach duty of care / Neither party entitled to costs / Claim dismissed.

Contract / Respondent engaged Applicant to do electrical work / Dispute arose and Applicant did not complete work / Applicant claimed $9,585 for value of work provided to Respondent / Total sum included claims for work relating to first and second properties, and disbursement for power connection / Held: Applicant entitled for payment but not for all hours claimed / Respondent ordered to pay Applicant $6,539 / Claim partially allowed.

Insurance / Applicant hired vehicle from Respondent / Collision involving Applicant and Third Respondent who was driving vehicle owned by Second Respondent / Second and Third Respondents accepted they caused collision / Insurance claim settled between insurers of Respondent and Second Respondent / Applicant claims back $2,040 bond paid to Respondent to cover insurance excess / Alternatively Applicant claims that Second Respondent should pay  / Held: Respondent not entitled to keep bond paid by Applicant / Applicant did not cause crash / Respondent has not proven they paid excess to insurer / Claim against Respondent upheld / Respondent to pay Applicant $2,040 / Claim against Second and Third Respondents dismissed.