Search Results

1. BI v U Ltd [2022] NZDT 142 (5 August 2022) [pdf, 101 KB]

   ...policy. 3. The issue is whether BI breached the conditions of his policy (his contract with U Ltd) allowing U Ltd to decline the claim. Did BI breach the policy (contract) allowing U Ltd to decline the claim? 4. When BI completed the claim form he says the car was stolen on 26 March 2016 and that it was stolen from [Address 1] and that the keys were left in the ignition. 5. When discussing his claim with a claims handler on 31 March 2016 BI said that the car was stolen from a...

2. SW v L Ltd [2023] NZDT 93 (20 March 2023) [pdf, 246 KB]

   ...home. 11. [Motor Company] diagnosed a faulty coil. SW rang L Ltd the next day and asked them to fix it for her. L Ltd offered to supply the coil free for her to have fitted at her cost, to return the car to their yard or to pay her $150. She informed L Ltd the estimate for fitting and supplying the coil was $300 - $450. It told her to find someone cheaper. 12. The car continued to ‘run rough’ and she emailed Ltd on 26 and 28 November to ask for help. SW had the car AA check...

3. BJ v T Ltd [2023] NZDT 82 (23 February 2023) [pdf, 143 KB]

   ...Does the method of fixing on the cladding breach the terms of the contract between BJ and T Ltd? 7. I find that there has been no breach of contract because there is no method of fixing specified in the contract. The material specifications that form part of the contract between BJ and T Ltd state that the cladding is to be B Panels but no representation was made by T Ltd as to the visual appearance of the cladding for this particular development. BJ researched the technical specificati...

4. Q Ltd v S Ltd [2023] NZDT 772 (13 December 2023) [pdf, 158 KB]

   ...company car to TT, a business owned by S Ltd, for new pipes to be fitted in the exhaust. S Ltd’s employee replaced the chamber with pipes and the car was handed over to RX, after he paid $741.19 to S Ltd. 2. RX was unhappy with the car’s performance and complained to MK, in charge at TT. MK’s position was that the pipework was changed as instructed and 2” pipe was used because it fitted inside the existing flange. 3. MK did not agree that TT used the wrong size pipework and...

5. M Ltd v KE [2023] NZDT 435 (4 September 2023) [pdf, 208 KB]

   ...evidence, I am not able to conclude the quote was expressly discussed during these calls. Again, without more, neither party is able to show on the balance of probabilities that their recollection is more likely to be correct. 10. For a contract to be formed, there must be a clear agreement between the parties about the key terms of the contract. Here they agreed how terms of the contract would be reached – namely that an inspection of the property would occur and then M Ltd would pr...

6. N Ltd v BS & TS [2023] NZDT 164 (9 May 2023) [pdf, 183 KB]

   ...consumer’s right of redress is to refuse to pay more than a reasonable price. Was the price fixed by contract? 5. There was no written contract between the parties. N Ltd did not give a quote or estimate for the work, and there was no agreed formula for determining the price. Although N Ltd has done other work for BS and TS’ business, there was no course of dealing between the parties to determine the cost of this particular project. https://www.legislation.govt.nz/act/pub...

7. BW v S Ltd [2023] NZDT 208 (12 May 2023) [pdf, 180 KB]

   ...a Registered Building Surveyor carry out the inspection service. BW has claimed a refund of the $1,031.55 she paid for the Report. She believes she was misled about the service to be provided. 3. S Ltd does not dispute that BW initially requested a scope of work and costings however S Ltd claims that BW was told about the work S Ltd could do and the merits of that work before any invasive investigation. S Ltd claims that as a result of the 30 minute conversation between T a...

8. BE v MG [2023] NZDT 262 (20 June 2023) [pdf, 186 KB]

   ...loan agreement at page 3, there is a heading of Costs, and at paragraph 11, it attempts to set out where the Lender may claim costs. However, the paragraph lacks specificity as to whether such a claim can be made in the current manner in the current form. I therefore find that BE is not entitled to claim the costs of the Tribunal fee. Conclusion 17. In conclusion, I find that MG must pay $19,000 being the unpaid principal of the loan and the balance of the claim is dismissed....

9. CJ & KJ v DW [2023] NZDT 347 (2 August 2023) [pdf, 120 KB]

   ...professionalism of the servicing or even necessarily that a ‘full’ service was carried out, unless these things were specifically mentioned or asked about, which they were not in this case. There was also no discussion prior to the contract being formed about the service history of the boat beyond the latest service. What are the reasonable damages payable by DW? 11. CJ and KJ say that if they had known that the last service had been in August 2021 (and that that was not a...

10. CE v FG Ltd [2023] NZDT 333 (13 July 2023) [pdf, 100 KB]

    ...contract when he agreed to the variation. I find CE is not entitled to a refund. 26. The claim against FG Ltd is dismissed. Referee: Verdun Tawhara Date: 13th day of July 2023. Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a r...