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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22823
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I installed an appliance in a clients new home, the system

Customer Question

I installed an appliance in a clients new home, the system failed some 12 months later. The client asked me to investigate and then repair. He then took an action against me in the Disputes Tribunal and failed. The hearing absolved me of any fault and liability. The client never paid me for my time and materials and when I took my claim to the Disputes Tribunal the referee ruled against me on the basis that I should have counter claimed at the original hearing. I am now taking my claim to the Civil Court but fear I may be ruled out on the grounds of Res Judicata
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. I know the lawyer has information that can help.
Customer: Where to from here
JA: Have you talked to a lawyer yet?
Customer: Yes, my local Solicitor is fearful that my case may be thrown out on Res Judicata
JA: What advice did they give you?
Customer: Go to the hearing and argue that my actual claim has never been argued in any jurisdiction and that after being absolved from any fault and liability I could reasonably expected to be paid along with other parties involved in the repair who have been paid
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: Fine where do I pay
JA: Anything else you think the lawyer should know?
Customer: i appealed this Disputes Tribunal decision in the District Court and my appeal was dismissed on the basis that the referee had not erred in law with his decision
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Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
If your claim in the Tribunal was dismissed because you did not counterclaim, then the case has not been ruled upon. This principle only applies where the thing has been adjudicated (which is what this means). So you should be able to bring the claim, and possibly by summary judgment if the defendants claims about the work have been dismissed on the merits.

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