Search Results

1. NT v SQ [2023] NZDT 498 (31 October 2023) [pdf, 176 KB]

   ...drive with a friend, who noticed something “off” with the gearbox, a warning light on the dashboard, and alarms on the display, as well as a broken glove box and very poor radio. The buyer raised these issues with the seller, who said he would service the gearbox, fix the warning light and alarms (which he said were false and that a diagnostic was not required) and change the lock on the glove box. 2. On 10 October 2022, the buyer purchased the car for $3,800.00. Within days, the car...

2. MT v EB [2023] NZDT 508 (1 November 2023) [pdf, 239 KB]

   ...175 of the Contract and Commercial Law Act 2017 which she said allowed EB the right to stop the goods in transit only if MT was insolvent, which she was not. 9. EB referred to the [online] terms and conditions of the use of its on-line auction service. In particular EB referred to clause 5 relating to buying that stated, “we'll notify you that your bid has been successful, and you should promptly pay the purchase price (plus any agreed shipping) and complete the transaction in...

3. T Ltd v R Ltd [2023] NZDT 100 (24 March 2023) [pdf, 193 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 100 APPLICANT T Ltd RESPONDENT R Ltd The Tribunal orders: R Ltd is to pay to T Ltd the sum of $7,429.00 on or before 21 April 2023. Reasons: 1. In or around September 2022, T Ltd carried out work for R Ltd. 2. T Ltd sent an invoice to R Ltd in October 2022 for $7,429.00. 3. A number of reminders were sent from T Lt

4. SU v F Ltd [2023] NZDT 266 (25 May 2023) [pdf, 108 KB]

   ...8. F Ltd, as manager of the car park, had an interest in ensuring efficient use of the free parking spaces for customers of the relevant businesses, and also in covering the costs of managing the parks, including making a reasonable profit from its services. ParkingEye Ltd v Beavis recognised these as legitimate interests. 9. While clause 6 provides that the initial fee for parking violations is “up to $200”, F Ltd said that fees over $100 are only charged for wrongful use of mobility...

5. SO v GU [2023] NZDT 326 (26 May 2023) [pdf, 156 KB]

   ...Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Information Further information and contact details are available on our website: http://disputestribunal.govt.nz. http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt http://disp...

6. ZZ v L Ltd [2023] NZDT 323 (11 August 2023) [pdf, 233 KB]

   ...replaced. However, he is limited to the amount claimed in his application, $20,000.00. 2. The relevant law is found in the Consumer Guarantees Act 1993 (the Act). That Act creates a number of statutory guarantees upon the supplier of goods and services to a consumer. It also provides a consumer with a right of redress against a manufacturer of goods where the goods fail to comply with the guarantee of acceptable quality. Where any of the guarantees are not complied with, the Act p...

7. MX & YR v D Ltd [2023] NZDT 465 (16 August 2023) [pdf, 197 KB]

   ...plants?”. So D Ltd was replying that they had no containers smaller than 20ft (so plants could not be accommodated separately). I do not consider the statement to be misleading in this context. 7. MX and YR’s other main issue with D Ltd’s service is delays in delivery to them – with the first container, delivery was delayed by a few days because they had been sent the invoice and payment instructions, but had not noticed them because they were so busy with moving logistics, and...

8. SB v QD [2024] NZDT 91 (26 February 2024) [pdf, 95 KB]

   ...terms? b. Has QD breached the contract? c. If so, what if any compensation must QD pay? Was there a legally binding contract between the parties and what were the terms? 4. When two parties agree about the same thing, for example one provides a service in exchange for payment, a legally binding contract arises. If the things promised to be done are not done, this may be a breach of the contract, and may give rise to a claim for compensation. 5. It was clear on the evidence bef...

9. PI v B Ltd [2024] NZDT 745 (22 October 2024) [pdf, 191 KB]

   ...assessment, the spa had been out of order a month which may have amplified some of the maintenance issues. 10. In his submissions, a spa costing around $12,000 should last longer than the two-year period specified under the warranty. 11. LX, Service Development Manager at B Ltd, says the warranty offered by B Ltd is consistent with industry standard. She says on this occasion, the fault was inspected by a trained technician who clearly identified this to be a fault caused by improp...

10. TG v E Ltd [2024] NZDT 289 (10 May 2024) [pdf, 102 KB]

    ...the estimate. It is supported by [quantity surveyor]’s calculations and it is clear that construction costs did increase over the period it was performed. There is insufficient clear evidence that there has been any undue charging for materials or services provided by E Ltd. 8. It has not been sufficiently proven that the increased costs were caused by any fault or failing or omission of E Ltd. 9. The applicant also says that E Ltd’s workmanship was substandard which has caused...