Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

Sale of Goods / Consumer Guarantees Act 1993 / Applicant purchased car from Respondent and subsequently discovered issues / Applicant brought car to specialist repairer to fix gearbox transmission and paid $5,290.87 / Respondent agreed to pay only $3,300 / Applicant seeks difference of $1,999 / Held: Applicant’s alternative repair premature / Respondent not liable for the balance of the repair costs / Claim dismissed.

Contract / Consumer Guarantees Act 1993 / Applicant contracted Respondent to make six bridesmaid dresses for $250.00 / Only four of the dresses were worn at the wedding / Applicant claimed dresses were poorly made and sought refund for all dresses, altercations costs and two replacement dresses / Held: Applicant failed to prove that  the dresses were defective or could not be remedied / Alterations were expected and formed part of the contract / Measurements were provided by bridesmaids / No evidence from Applicant to indicate dresses did not match measurements provided / Dresses sent to Respondent for alterations were pinned by the bridesmaids where the alterations were required / Applicant failed to provide any evidence of third-party alteration expenses or for two alleged replacement dresses / Claim dismissed.  

Contract / In May 2021, Applicant engaged Respondent as her property manager for her house while she was overseas / Property was tenanted until 4 July 2022 / After tenants moved out Respondent and Applicant’s friend carried out a final inspection / Cleaner was then engaged who discovered leak in the kitchen / Leak caused damage to kitchen which required extensive repairs / Only $3,000.00 of repair costs could be covered by Applicant’s insurer, as damage was deemed to be gradual / When Applicant returned to New Zealand she was unable to live in her home due to damage /  Applicant claimed $19,722.00 for repairs and rental costs / Held: Respondent breached contract by failing to do inspections prior to April 2022 / No evidence that leak existed or was discoverable in April 2022 / Final inspection and discovery of leak was less than three months later / Inspections were only contracted to be quarterly / Respondent not responsible for any damage that occurred between April and July 2022 / F…

Contract / Misrepresentation / Contract and Commercial Law Act 2017 / Applicant purchased two home security cameras from Respondent / After three months, cameras’ free cloud storage expired, storage could only be accessed for yearly subscription fee of $73 / Applicant claimed Respondent had told him cloud storage would be free for cameras’ lifetime / Applicant claimed refund of $250 purchase price / Held: Applicant did not establish Respondent represented cameras would have free lifetime cloud storage / Claim dismissed.

Consumer Guarantees Act 1993 / Applicant purchased vacuum cleaner from the Respondent with five-year warranty / Applicant returned vacuum to Respondent after it stopped turning on / Applicant claims $2,300 for the vacuum price and tribunal filing fee / Respondent claims they are not liable due to repairer report identifying liquid damage / Held: Respondent is not liable as the damage indicates the Applicant likely used vacuum in a manner inconsistent with its purpose / Disputes Tribunal application is not recoverable except in exceptional circumstances which do not apply here / Claim dismissed. 

Contract / Applicant engaged Respondent to carry out decking work and extra work for $13,028.10 / Applicant paid $11,000 / Applicant raised concerns that she had been overcharged / Applicant claimed $2,761 refund / Held: Respondent provided estimate to Applicant and price on document calculated incorrectly / Amount invoiced more than should have been charged / Applicant's current payment a fair contribution and Applicant no longer liable to pay any further money / Respondent not entitled to the balance of its invoice / Claim dismissed.

Contract / Construction Contract Act 2002 / Applicant entered into contract with Respondent for construction of dwelling / Applicant claimed $13,820 / Held: where term is ambiguous it should be interpreted against the drafter of contract / Applicant entitled to reimbursement of Council Fees / Respondent not entitled to payment for previously overlooked costs / Second Respondent ordered to pay Applicant $13,820 / Claim allowed.

[2023] NZEmpC 97 Wilson-Grange Investments T/A The Grange Bar and Restaurant (Costs Judgment of Chief Judge Christina Inglis, 22 June 2023) COSTS – GUIDELINE SCALE – costs awarded.

[2023] NZEmpC 94 Soapi v Pick Hawke’s Bay Inc (Interlocutory Judgment of Judge K G Smith, 21 June 2023) APPLICATION FOR SECURITY FOR COSTS - security for costs order may have effect of ending litigation - right to access to justice outweighs concerns about not being able to recover costs - application declined - APPLICATIONS TO INTERVENE - both interveners have interest in broader issues regarding minimum wage and wage protection - applications granted.

Negligence / Respondent’s vehicle collided with Applicant, damaging his e-Scooter / Applicant claimed $430 for repairs, $240 for temporary transport costs, $955.50 for filing fee and hearing attendance costs, and $69.50 for medical costs / Held: Respondent failed to give way, was negligent / Applicant entitled to repair costs and some costs for alternate transport while waiting for repairs / Circumstances not met for costs award relating to filing fee or time spent attending hearing / Personal injury outside Tribunal’s jurisdiction, claim for medical costs struck out / Respondent ordered to pay Applicant $510 / Claim allowed in part.

Contract / Contract and Commercial Law Act 2017 / Applicant purchased a horse from Respondent / While negotiating purchase Applicant enquired about horse’s medical condition and history / Respondent advised horse had never been to a vet / Applicant purchased horse for $12,000.00 / Applicant later discovered a large sarcoid on the horse’s stomach / Applicant contacted Respondent who told her she had been told by her vet that it was ‘just cosmetic’ / Applicant’s vet examined horse and advised that the sarcoid be treated / Applicant contacted Respondent to cancel contract and asked for a full refund / Respondent refused / Parties unable to reach a resolution / Applicant sought $12,350.00 for a refund of the purchase price and other costs / Held: Respondent had a duty to disclose horse’s medical condition after Applicant’s enquiry / Misrepresentation made about condition of  horse / Applicant induced into contract by misrepresentation / Applicant entitled to a remedy that would put her bac…

Contract / Consumer Guarantees Act 1993 / Second Respondent contracted with Applicant for supply of solar panels, batteries, inverter and other components for off-grid power system / Second Respondent only supplied solar panels / Applicant therefore claims for cost of grid power usage / Held: Applicant’s claim for $1,931.92 for cost of power is proved / Second Respondent to collect goods supplied after they refund purchase price / Second Respondent to pay Applicant $26,081.92 / Claim against first Respondent dismissed