Search Results

1. OX v ND [2022] NZDT 62 (29 June 2022) [pdf, 111 KB]

   ...be determined were as follows: a. Did either party breach the contract? b. If so, what if any damages/compensation is payable? Did either party breach the contract? 4. When two parties reach agreement, for example, that one will provide services in return for payment, then a legally binding contract arises. When one party fails to comply with its obligations, they have breached the contract and damages may be payable to the other party for losses suffered as a result of the br...

2. BV v JU [2023] NZDT 668 (27 October 2023) [pdf, 181 KB]

   ...that day JU sent through a quote to BV for $21,084.10. 3. JU requested a 50% deposit of the quoted price by the next day, in order to secure a booking for painting to commence the following day, as she told BV they had other people waiting for services and would operate on a first come first served basis. 4. BV made payment of the 50% deposit on 23 June. JU had agreed to bring BV some paint charts at 4.00pm on that day but when she had not arrived by 5:30pm, BV became concerned...

3. II & SC v FX [2022] NZDT 229 (19 July 2022) [pdf, 100 KB]

   ...contract can be written or unwritten (oral). The terms of an oral contract are those for which there is evidence that the parties were in agreement. 6. Both parties acknowledged in the hearings that the $10,000.00 deposit was paid to secure FX’s services while the building consent process and finance arrangements were concluded. Both parties also were clear in the hearings that FX was entitled to retain $2,000.00 in any event, but that the $8,000.00 would only become non-refundable...

4. MS & NS v JT [2024] NZDT 238 (26 March 2024) [pdf, 187 KB]

   ...owner, it was a private sale, and that he sold it “as is where is”. He says he only made $500.00 on the transaction, from the sale of Mr and Mrs S’s quad bike. 9. Mr T is a small engine mechanic, and his business is primarily repairing and servicing motorcycles and other small engine vehicles. However, he says he also occasionally sells vehicles ‘on behalf’. In the short period of time when he sold the RTV to Mr and Mrs S, he sold another RTV the week before as well as...

5. AM v K Ltd [2024] NZDT 138 (21 March 2024) [pdf, 204 KB]

   ...stop AM boarding. c. Clause 8.1 provides that if a significant change to the passenger’s flight is made due to due to events within the airline’s control, it will “rebook you on the next available flight (or combination of flights) on our services to your booked destination at no additional cost to you; or alternatively, at your option, refund the applicable fare.” d. K Ltd was allowed to postpone flights for engineering issues and it rebooked AM onto the next available flight...

6. ED v G Council [2023] NZDT 558 (24 November 2023) [pdf, 228 KB]

   ...claim. Declaration of non-liability and Council’s claim for amounts owed 9. ED is also seeking a declaration of non-liability for the money Council invoiced him. He says: This declaration that no money is owed to the [council] for a service offered, is under contract or quasi contact and they have breached that contract. 10. Council also filed a claim for moneys it says is owing in processing ED’s resource consent application. 11. As well as the Tribunal’s jurisd...

7. DS Ltd v I Ltd [2023] NZDT 565 (28 November 2023) [pdf, 181 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://dis...

8. KL v BD [2023] NZDT 610 (20 November 2023) [pdf, 191 KB]

   ...of the $899.00 to KL? Did BD apply reasonable skill and care to the photography and editing of the photographs? 6. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. 7. The question of whether BD applied reasonable skill and care to the composition of the photographs is highly subjective. The same question applied to editing of the photos is slight...

9. BQ & LI v J Ltd [2023] NZDT 519 (13 October 2023) [pdf, 208 KB]

   ...remedy? Was the construction carried with reasonable care and skill and was the outcome reasonably fit for purpose? 5. It was undisputed that there was no contractual relationship between the parties, and nor did the Applicants acquire the services of the company, so the CGA does not apply. Instead the Applicants rely on the implied warranties under the Building Act 2004. 6. Section 362I of the Building Act sets out the implied warranties that apply to a new build. These includ...

10. NL & UN v ME [2022] NZDT 88 (8 June 2022) [pdf, 180 KB]

    ...pre-inspection report and was the report reasonably fit for the particular purpose? 4. The law of contract and the Consumer Guarantees Act 1993 apply. Sections 28 and 29 of the CGA provide guarantees to a consumer that the supplier will carry out its service with reasonable care and skill and that the outcome will be fit for purpose. 5. ME’s position is that he exercised reasonable care and skill when he produced the report and that it was fit for purpose. In particular he says...