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1. KC & JBH Ltd v MK [2022] NZDT 79 (24 January 2022) [pdf, 98 KB]

   ...MK is to pay to JBH the sum of $3,020.85 on or before 15 February 2022. 32. JBH is to pay to KC the sum of $500.00 on or before 15 February 2022. Referee: P Byrne Date: 24 January 2022 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 rehe...

2. B Ltd v OQ [2024] NZDT 107 (11 January 2024) [pdf, 92 KB]

   ...[11] Thus, although I accept that B Ltd did the work for which it claims, I consider it is not entitled to payment from OQ, and the claim is dismissed. Referee: C Hawes Date: 11 January 2024 Page 3 of 3 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 reh...

3. LC v DB [2023] NZDT 161 (2 June 2023) [pdf, 104 KB]

   ...not paying the remaining $2,000.00? If so, what is LC entitled to be paid? Did LC and DB have an enforceable contract under which DB agreed to pay LC $3,000.00 towards the costs of repairs of the [vehicle]? 4. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss to the other party to the contract. For an agreement to be a legally binding contract certain elements are required. These include: �€...

4. IQ & OU v EQ [2022] NZDT 278 (19 December 2022) [pdf, 183 KB]

   ...damages from the supplier (s 32(c)). When the consumer cancels a contract, the Tribunal may award a refund of part, or all of the money paid for the services of the supplier (s 38). The Tribunal shall have regard to the value of any work or services performed by the supplier (s 39). 11. At the first hearing, EQ stated that he had incurred costs of $1,393.00 for the job, including materials purchased, hire fees for digger/driver and labour hours. However, he did not have any evidence to...

5. OT US v N Ltd [2023] NZDT 169 (8 June 2023) [pdf, 196 KB]

   ...been able to prove that it is more likely than not that N Ltd breached the guarantees outlined above. 26. For these reasons the claim by US and OT is dismissed. Referee: K Johnson Date: 08 June 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 rehe...

6. B Ltd v F Ltd [2023] NZDT 76 (23 February 2023).pdf [pdf, 185 KB]

   ...by email. The applicant also requested NB provide documents required to complete the valuation. [4] On 22 February 2022 NB provided the requested documents. [5] On 8 March 2022 the applicant provided NB with a completed verbal valuation and was informed by the respondent that he no longer required the valuation. [6] On 11 March 2022 the applicant emailed NB asking him if he would like to proceed with the valuation. NB replied by email that; no not going ahead anymore. Sorry for the lat...

7. KG v M Ltd [2023] NZDT 627 (1 November 2023) [pdf, 267 KB]

   ...to pay the balance. M Ltd was concerned that it would carry out the removal service and not be paid the balance of the quote. KG disputed that she said she would not pay. 8. M Ltd declined to refund the deposit she had paid because it informed her in writing on 16 August when she was advised that to secure the booking, she would need to pay the deposit of $997.00 and that, ‘This is non-refundable within 28 days of commencement, unless M Ltd cancels the job. Remainin...

8. Fair Trading Amendment Bill Advice [pdf, 144 KB]

   ...commercially necessary or appropriate. This offence will be subject to penalties of $600,000 for bodies corporate and $200,000 for individuals. b. The Bill extends the Fair Trading Act’s existing protections against unfair contract terms in standard form consumer contracts so that these will also apply to small trade contracts. It is an offence to contravene these provisions. 4. The Bill amends the Fair Trading Act to strengthen the ability of consumers to direct ‘uninvited direct...

9. GO v HO [2022] NZDT 213 (2 December 2022) [pdf, 138 KB]

   ...up the responsibilities, I have placed the responsibility of HO at 60% and GO at 40%, resulting in a payment due by HO to B Ltd of $1,175.72 Referee: J Robertshawe Date: 2 December 2022 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 reh...

10. EF v CQ & BQ [2022] NZDT 233 (29 November 2022) [pdf, 105 KB]

    ...do not allow the full cost of a new tub because the test for damages is the cost of an equivalent age and type of tub that is in “reasonable working order”. The cost of a new tub was $670.86+GST and in the absence of any second-hand tub cost information, I set the cost of an older second-hand tub that works for hot and cold water at $200.00. Kitchen tap 10. The claim about the kitchen tap is that its handle is shredded and therefore moves about loosely in its fitting. During the...