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2970 items matching your search terms

  3. AM Ltd v ZN and ZNZ [2014] NZDT 575 (30 May 2014) [PDF, 32 KB]

    Contract / Consumer Guarantees Act 1993 / Respondents engaged Applicant to prepare a preliminary design for a new house but the plans produced were not accepted by Respondents / Respondents claimed refund of the money already paid / Held: more likely than not that figure communicated by Respondents was their total project budget and was an essential term of the contract / Applicant failed to prove any of its designs could be built for the budget / service was not provided with reasonable care and skill and not fit for purpose / failure cannot be remedied / Respondents cannot use designs therefore reduction in value is the price paid/due in its entirety / claim dismissed, Applicant ordered to pay Respondents $8,212.15.
  6. AP v ZK and ZKZ Insurance Ltd [2014] NZDT 565 (28 May 2014) [PDF, 91 KB]

    Tort / Rylands v Fletcher / Respondent had a fire on their farm which burnt part of a boundary fence of Applicant who were neighbours / Applicant claimed $12,320 for lost deer and $400 labour costs / Held: likely that deer escaped through hole in the fence / Applicant credible and gave consistent and thorough evidence / delay creates challenges on the evidence but right to bring claim still exists / alleged number of lost deer discounted for uncertainties / values attributed to lost deer / claim allowed, First Respondent ordered to pay Applicant $4,660.
  7. AD v ZW and ZWZ [2014] NZDT 592 (27 May 2014) [PDF, 34 KB]

    Jurisdiction / quasi-contract / unhappy dispute between family members over the father’s home care and burial after his death / Applicant claimed for legal costs incurred and reimbursement for care she provided to the father / Held: claim for legal costs cannot be established or proven / claim for reimbursement also not established / legal costs were Applicant’s choice to incur / no jurisdiction to award general damages for stress / no evidence of payments other than medical costs and clear Applicant did not expect reimbursement / claim dismissed.
  8. AR v ZI ZIZ Ltd [2014] NZDT 574 (26 May 2014) [PDF, 24 KB]

    Contract / Applicants engaged First respondent to represent them in a personal grievance claim / Applicant claimed refund of $287.50 paid and $1,500 for costs they had to pay / Held: parties to the contract were Applicant and First Respondent / no written contract / doctrine of undisclosed principal applies because at the time Applicant met with First Respondent, it appeared they were dealing with him personally / parties agree that $287.50 was paid for First Respondent to file a statement of problem with the ERA which he did / contract came to end when liquidation of former employer / not established new contract was formed / in failing to file submissions in accordance with deadline set by the ERA, First Respondent failed to provide service with reasonable care and skill / award of costs against Applicant given First Respondent’s failure to file anything by deadline was entirely predictable / claim allowed, First Respondent ordered to pay Applicant $1,500.
  9. CB v XY [2014] NZDT 691 (23 May 2014) [PDF, 11 KB]

    Contract / Sale of Goods Act 1908 / Applicant purchased a car from Respondent which was then repossessed under an undisclosed security interest / Applicant claimed refund of purchase price / Held: Consumer Guarantees Act 1993 does not apply as transaction involves two individuals not in trade / person who sells a good cannot transfer a better title / neither can the seller deprive a person who has a prior registered security over the car that right by selling the car / s 14 Sale of Goods Act protects the buyer in this situation and entitles him to rescind the contract for breach of an implied condition that rights transferred should be unencumbered / claim allowed, Respondent ordered to pay Applicant $2,800.
  15. BW v YD Ltd [2014] NZDT 693 (6 May 2014) [PDF, 80 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant engaged Respondent as property manager and agent for her rental property / problems developed with the tenant and a 90 days’ notice was issued but Respondent overlooked expiry of that notice and allowed the tenant to remain in the property / Applicant claimed $2,626.95 compensation / Held: do not accept it would protect Respondent if Applicant does not receive rent or property damage occurs by Respondent not performing its obligations under the contract / if Respondent had enforced the termination notice rental loss would not have been incurred / Respondent was not providing its services with reasonable care and skill causing additional loss to Applicant / additional costs claimed by Applicant would have been incurred by Applicant in any event and for her account / claim allowed, Respondent ordered to pay Applicant $436.19.

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