Disputes Tribunal of New Zealand

Contract / Respondent contacted the Applicant regarding purchase of quail eggs and quails / Email communication ensued between the parties regarding quail purchase / Proposal to send eggs was sent by Applicant which the Respondent did not respond to / Applicant claimed $70 from Respondent for eggs and freight costs / Whether there was a contract between the parties / Whether the Applicant was entitled to payment for the eggs and freight costs / Held: no contract was formed / Acceptance of an offer had to be communicated to the offeror for it to be effective / Respondent expressed a willingness to proceed with negotiations / Not enough to amount to a concluded contract / Claim dismissed.

Negligence / Land Transport (Road User) Rule 2004 / Applicant was towing a trailer / Respondent was following Applicant / Applicant and Respondent collided / Applicant claimed she indicated to turn, however had disconnected the plug between her car and trailer lights / Respondent did not see the indicator or brake lights / Respondent insurer claimed $18,203.62 for the cost of repairing Applicant's vehicle / Held: not being able to see the brake lights and indicator on the trailer was a major contributing factor to collision / Applicant should have used a hand signal to show she was turning / Applicant must bear the majority of the costs according to their respective contribution being 75:25 / Applicant ordered to Respondent's insurance company $13,650.00 / Claim granted in part.

Contract / Consumer Guarantees Act 1993 / Applicant rented a brand new cabin from Respondent / Applicant reported a chemical smell in the cabin which made her unwell / Applicant requested an older cabin / Respondent agreed but said it would incur an additional collection and delivery cost / Applicant then cancelled the contract / Applicant claimed $1,125.75 for bond, rent, collection and delivery fee / Whether cabin was fit for purpose / Held: Applicant had a sensitivity to chemicals used in the construction process / Not reasonable for the Respondent to decline her request for a replacement cabin at no extra charge / Respondent ordered to pay Applicant $600.00 for bond refund, the final weeks rent and the collection component of the delivery fee / Claim granted in part.

Contract / Contract and Commercial Law Act 2007 / Applicant contracted Respondent to build deck / The agreement was to pay 25% of contract price before works commence, another 25% once work has started and 50% after work is completed / Respondent asked for advance payment to acquire materials / Applicant paid a total of $7,500 / Respondent did not complete build / Applicant claims $6,000 refund / Held: The contract terms were that the Applicant would pay 25% before and during the construction of the deck and 50% after completion / Respondent did not complete its obligations to Applicant / Respondent to pay $6,000 to Applicant / Claim allowed.

Contract / Applicants' late uncle entered private loan agreement with Respondent / Respondent paid two repayments of $1,000 each / Outstanding balance of $9,000 agreed to be paid in full by due date / Respondent did not pay after Applicants' uncle passed away / Applicants claim outstanding balance plus interest / Held: Respondent liable to pay outstanding balance with interest / Claim allowed / Respondent ordered to pay Applicant $9,439.51.

Contract / Contract and Commercial Law Act 2017 / Respondent sold a car to Applicant for $4,500.00 / Motor vehicle described as reliable in ad / Applicant took car to get Warrant of Fitness / Applicant advised car not worth repairing / Applicant claimed Respondent misrepresented car's condition / Respondent claimed car was sold as is where is / Applicant claimed $3,800.00 / Held: Respondent knew something was wrong with car / Respondent represented the car in ad as reliable / Applicant was a minor at time of purchase / Contract not fair and reasonable and cannot be enforced / Respondent ordered to pay $3,800.00 in exchange for the return of the car / Claim granted. 

Contract / Applicants contracted the Respondent to cater their wedding / Applicants paid a thirty percent deposit on quoted price of $3325 / Wedding postponed due to Covid restrictions / Respondent agreed to change wedding date / Applicants unsuccessfully attempted to contact the Respondent regarding the catering closer to the date / Eventually Respondent advised that he had retired due to Covid difficulties / Applicants advised Respondent that they wished to cancel the contract and obtain a refund / Whether the Applicants were entitled to a refund / Held: amount paid by the Applicants was more than a reasonable deposit / Applicants not advised of any specific cancellation terms and conditions / Applicants experienced difficulties communicating with the Respondent / Respondent ordered to pay $997.50 / Claim granted.

Contract / Consumer Guarantees Act (CGA) / Respondent manufactured and fitted towbar to Applicant's motorhome / Applicant subsequently used towbar for trailer and bike rack that came lose while driving causing damage / Applicant claims Respondent did not fit towbar with reasonable care and skill and it was not fit for purpose, CGA ss 28, 29 / Held: towbar was not fitted with reasonable care and skill and was not fit for purpose / Respondent to pay Applicant $1,364.00 compensation for damage / Claim granted.

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant purchased smart watch from Respondent / After 3 or more years applicant noticed part of the watch had fallen off / Watch could not be worn or used for swimming due to missing part / Applicant claims watch was not fit for purpose under section 7 of the CGA / Applicant claims watch was also non-compliant with sections 6 and 8 of the CGA / Respondent claims goods were fit for purpose for the warrantable period (2 years) / Held: watch was fit for purpose / reasonable consumer would not expect a smart watch to retain all characteristics and functionality after 3 years / Claim dismissed.

Contract / Respondents were the former property manager for Applicants / Applicants are unhappy with services provided in two tenancies / Applicants claim $4870 from respondent for various cleaning fees, repair and replacement fees, and for rent forgone after termination of second tenancy and 50% refund of management fees / Claim partially allowed for cleaning fees, replacement fees, and for one day’s rent missed when first tenancy ended, Respondent ordered to pay Applicant $169.28 total.

Contract / Applicant’s car was stolen from a park / Applicant left her car keys in the ignition when she urgently needed to use nearby public toilets / When the Applicant left the toilets her car had been stolen / Applicant sought payment under a motor vehicle payment that she had with the Respondent / Dispute over whether the vehicle was left unattended / Held: no reasonable legal basis to find the Respondent had a contractual obligation to settle the claim / Claim dismissed.

Contract / Applicant’s interested in Respondent’s truck / Applicant’s cousin viewed truck / Applicant paid deposit / Applicant viewed truck but decided on a different truck / Applicant later decided he didn’t want the truck / Respondent refunded Applicant some of deposit / Applicant claims $1,500 as refund of balance of deposit plus filing fee / Held: there was a contract for sale and purchase of the truck / Contract included binding term that Respondent able to retain deposit if sale did not proceed / Contract and exercise contractual term not harsh and unconscionable, claim dismissed