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1. Argyle v Macdee McLennan Construction Ltd & Ors [2012] NZWHT Auckland 30 [pdf, 361 KB]

   ...Proffitt, the assessor and Thomas Wutzler, the claimants’ expert. Some defects were also mentioned in Mr Prouse’s report referred to by the parties. Roof and drip edge [25] There was a failure to turn down the ends of the metal roof to form a drip edge (exacerbated by low pitch) and a failure to form a drip edge to the barge flashing over the kitchen roof. There was a lack of cover to the flashings on the north east and south west elevations. The building underlay had...

2. LCRO 119/2016 XY, ZW, QM, and ABC Lawyers v TQ (16 November 2018) [pdf, 466 KB]

   ..................................................................................................................................... 6 Enforcement of loans ........................................................................................................................... 7 Witnessing signed unprepared (blank) Authority and Instruction (A&I) forms ..................................... 7 Standards Committee decision ....................................................................

3. QF Ltd v I Ltd [2023] NZDT 664 (28 September 2023) [pdf, 198 KB]

   ...the truck not tested as there were also other tradespeople working on the electrics of the truck. The next day when the truck was being used one of the hoses developed a leak. I Ltd cleaned up the mess and had another company repair the leak. I Ltd informed QF Ltd of this two days later. I Ltd has not paid QF Ltd’s invoice. 2. QF Ltd claims the sum of $1,535.89 for the invoiced amount. The issue to be determined is what amount, if any, QF Ltd is entitled to. 3. QF Ltd carried o...

4. HI v KC [2024] NZDT 157 (26 March 2024) [pdf, 175 KB]

   ...Page 2 of 3 6. Since KC was unable to pass ownership of the kayaks to HI, damages are payable. The normal measure of damages for breach of contract is the amount required to put the innocent party in the same position as if the contract had been performed. Damages for non-delivery of second- hand goods is measured by the market value of those specific goods. 7. KC said that the kayaks were very old and pointed out that the neighbour had said they were “worthless, especially without the...

5. ZC v N Ltd [2023] NZDT 573 (28 November 2023) [pdf, 200 KB]

   ...agreement. As that is set out in clause 10 and the contract has been signed by ZC, the warranties implied in the CCLA do not apply to the contract between ZC and N Ltd. Referee: G R Meyer Date: 28th November 2023 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...

6. DM v QB Ltd [2023] NZDT 124 (9 June 2023).pdf [pdf, 184 KB]

   ...acceptable quality or fit for its particular purpose. However, in the absence of evidence to the contrary, I do accept the evidence in paragraph 7 that the new unit did not function as it should, and also that it was missing the facia panel, which formed an integral part of it, leaving a surrounding gap. So, even if the fault was one of installation rather than with the unit itself, on balance, where the unit was designed specifically for DM’s model of car, I find that given the missing...

7. KQ v M Ltd [2023] NZDT 74 (24 February 2023) [pdf, 204 KB]

   ...maintenance. It is quite unlike a repair. 13. In this instance there has been no breach of a guarantee under the CGA, and therefore this claim must be dismissed. Referee: P Moses Date: 24 February 2023 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...

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

   ...CGA? 16. As I do not find that the spa was of unacceptable quality, PI is not entitled to a remedy under the CGA. 17. His claim is, therefore, dismissed. Referee: S Malaviya Date: 22 October 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...

9. GT v O Ltd [2024] NZDT 554 (20 July 2024) [pdf, 175 KB]

   ...(Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 554 APPLICANT GT RESPONDENT O Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. GT purchased her daughter’s school uniform from O Ltd. In December 2023 she purchased a size 12 skirt, and after taking it home realised that it did not fit her daughter. GT returned the skirt to O Ltd, swapped it for a size 14 and purchased a second size 14 skirt. She took the cloth...

10. BQ v EI [2024] NZDT 427 (20 April 2024) [pdf, 175 KB]

    ...recover the $4,279.80 spent on repairing the head gasket. The buyer did not have evidence of other costs to hand, so the sum awarded is $4,279.80. Referee: E Paton-Simpson Date: 20 April 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 re...