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  12. AFN v ZUI [2012] NZDT 187 (8 June 2012) [PDF, 95 KB]

    Nuisance / Applicant’s drain was damaged by what she believed was the Respondent’s rhododendron tree, and so she engaged a plumber to repair the drain in 2006 / in 2011, more damage in a different spot emerged / Held: Applicant failed to establish on balance of probabilities that the Respondent’s rhododendron tree created a nuisance and damaged her drains / instead, it could have been caused by tree roots in the nearby Council reserve / however, the Applicant established that the 2011 damage was caused by the Respondent’s rhododendron tree roots, that the Respondent did know or ought to have known about the nuisance in 2011, and that the damage caused by the tree roots was reasonably foreseeable / Respondent liable for only 70 per cent of the cost of repairing drain as the drain was old and required work regardless of the damage / Respondent to pay Applicant $653.79.
  20. AEM v ZVK [2012] NZDT 316 (1 June 2012) [PDF, 80 KB]

    Contract / Consumer Guarantees Act 1993 / guarantee as to acceptable quality / Applicant claimed outstanding invoice from Respondent for sale of goods / Respondent counterclaimed for different goods supplied earlier and alleged these were deficient once installed / Applicant denied these were deficient and claimed he was not responsible for installation deficiencies / Held: disputed goods were supplied as ordered, accepted on delivery and installed by a third party contractor / Applicant complied with his side of contract and was not responsible for installation / Applicant entitled to payment for outstanding invoice / claim allowed, Respondent ordered to pay applicant $7,039.83.