II & SC v FX [2022] NZDT 229 (19 July 2022) [pdf, 100 KB]
...Reasons 1. II and SC wanted to build an extension on their house in about September 2021. A friend introduced them to FX, a builder. FX gave them a draft contract which SC and II were not ready to sign, but nonetheless after some discussion about the resource consent to be obtained, financing, and some other issues, they paid a $10,000.00 deposit to FX. There was also a discussion prior to payment about what amount of the deposit might be refundable if they did not proceed, and the par...