Disputes Tribunal of New Zealand

Contract / Respondent owned property sold to Applicant / Applicant claims multiple issues after settlement involving stove, heat pump, roof leak and fencing dispute / Applicant remedied issues and claims for reimbursement of costs / Held: Applicant entitled to be compensated to reinstate him to the position he would have been in had there been no issues with the stove, heat pump and fence / Applicant could not prove misrepresentation relating to roof and could not be awarded costs claimed for roof leak / Respondents ordered to pay Applicant $2,646.91 / claim allowed.

Consumer Guarantees Act 1993 / Fair Trading Act 1986 / Applicant purchased car from Respondent / Applicant fixed dents and scratches and asked Respondent to pay / Applicant claim $4,903 for damages and repairs / Held: A misrepresentation claim must be an actual statement and omissions are usually insufficient / Respondent did not misrepresent car to Applicant / Applicant failed to inspect vehicle prior to purchase / Claim dismissed.  

Torts / Negligence / Applicant and Respondents are neighbours / Applicant alleges Respondent's contractors caused damage to his fence, plantings and removed boundary markers / Applicant claims payment to remediate damage / Held: Respondent has a duty of care to Applicant to ensure contractors are aware of property boundaries / Respondent ordered to pay Applicant $2,980.25 / Claim allowed.

Contract / Applicant purchased used boat engine from Respondent / Applicant contacted Respondent / Applicant inspected the engine / Applicant and Respondent agreed on a purchase price of $8,000 / Applicant collected engine from Respondent / Applicant took engine to a motor company where company advised that the engine needed to be rebuilt / Applicant claims $8500 as refund and inspection for the motor company / Held: Transaction between parties was private / Respondent did not misrepresent the engine / Contract was not unconditional / Claim dismissed.

Commercial / Conversion / Disputes Tribunal Act 1988 / Applicant and Respondent engaged in commercial relationship / Respondent sold puppies and off-grid showers on commission basis / Applicant and Respondent dispute commission figures / Applicant claimed for return of two horses, dog and payment of $10,185 / Held: more evidence required to allow parties the opportunity to gather and submit further information / Hearing adjourned.

Contract law / Applicant purchased tuktuk vehicle from Respondent on the basis that it had current warrant of fitness and was road legal / Applicant took vehicle to mechanic and expressed concerns about vehicle / Vehicle subsequently failed warrant of fitness / Applicant and Respondent unable to come to final resolution / Applicant claims $13,500 from Respondent / Held: respondent's statement that vehicle had warrant of fitness and was road legal did not amount to misrepresentation as it was true at the time of purchase / claim dismissed.

Sale of goods / Applicant purchased fireplace from Respondent / Applicant’s cleaner cleaned fireplace using damp cloth causing rust / Applicant claims fireplace not fit for purpose and Respondent engaged in misleading conduct because he was not warned how to clean the fireplace before purchase / Applicant claims $4,205.05 from Respondent / Held: applicant did not read the instruction manual and used the wrong method of cleaning / Fireplace was fit for purpose / Applicant unable to prove Respondent engaged in misleading conduct / claim dismissed.

Contract / Respondent purchased horse from Applicant for $6,000 / $500 was to be paid after delivery of horse / Respondent retained final payment on basis of an error made in advised height of horse / Whether misrepresentation was made about height of horse / Whether height information encouraged purchase / Whether loss equalled or exceeded $500 / Held: Applicant inadvertently misrepresented height of horse / Height information encouraged purchase / Misrepresentation absolved Respondent from paying final $500 / Applicant retained bulk of purchase price / Reasonable that neither should owe the other any further sum / Applicant should provide breed material to enable transfer of horse’s certificate / Claim dismissed.

Contract / Respondent contracted Applicant to machine table cleats / Respondent claims he has not received promised quote and charge was excessive / Applicant claims payment for unpaid invoice / Held: Applicant provided service he was engaged to perform / Respondent ordered to pay Applicant $1,127 / Claim allowed.

Contract / Fair Trading Act 1986 (FTA) / Consumer Guarantees Act 1993 (CGA) / Caveat Emptor / Respondent purchased 7 lots at auction from Applicant / Lots 1 through 6 were purchased and delivered for $6,229.20 / Lot 7 yet to be paid / Respondent had lots 1-6 tested and found that they were fake / Respondent believes lot 7 probably fake / Respondent refuses to pay $1,638 for lot 7 and courier fees / Held: Caveat Emptor rule applies / Applicant not responsible for quality of goods unless misrepresented / No misrepresentation found under CGA and FTA / No reason for lot 7 to be presumed fake by Respondent / Respondent to pay applicant $1,638 for lot 7 / Applicant to deliver lot 7 items to Respondent / Respondent’s counterclaim dismissed / Applicant's claim allowed.

Contract law / Applicants and Respondents signed agency agreement for sale of launch / Applicants submitted they introduced purchaser to Respondents and ultimately facilitated sale of boat / Applicants claim commission they would have received if contract had been performed / Held: there was a causal link between the introduction of the buyer and Respondents and the eventual purchase / Applicants entitled to commission / Respondents ordered to pay Applicants $15,679.50 / claim allowed.

Consumer Guarantees Act 1993 / Applicant bought spa pool from Respondent / Spa pool leaking / Applicant wants to return spa pool to Respondent / Applicant claims full refund $12,000 and additional $1,000 for consequential costs relating to leak / Held: spa pool not of acceptable quality and defect not remedied within reasonable time / Respondent ordered to refund $12,000 to Applicant and collect spa pool at Respondent's expense / Consequential costs of $1,000 not granted as no evidence provided / Claim allowed.

Contract / Credit Contracts and Consumer Finance Act 2003 (CCCF) / Applicant entered into a secured credit agreement with Respondent for the purchase of a car / Applicant defaulted and believes the loan was oppressive (as defined by s118 CCCF) and in breach of s9(c) CCCF / Applicant is a solo mother on the benefit / Applicant claims Respondent failed to do appropriate credit checks / Respondent should have realised Applicant was not in a position to repay such a loan / Respondent counter claims $14,342.40 being the amount owing plus interest (which at the time of filing was not yet charged) / Held: Respondent carried out necessary credit checks / Applicant was unable to prove that the loan was oppressive and the extra charges were unreasonable / Applicant must pay Respondent $14,145.16 (being the account balance presented as evidence) / Claim dismissed / Counterclaim partially granted.