Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a supplier made false or misleading pre-sale representations about goods or services, causing the client to suffer loss and emotional distress. This plan guides the practitioner through pleading parallel claims under the Fair Trading Act to recover compensation for stress, worry, and disappointment.
Jurisdiction: New Zealand Disputes Tribunal (national jurisdiction). This fork branches from the parent CGA plan to detail parallel pleading under the Fair Trading Act 1986.
Audit pre-sale representations for misleading conduct.
The Process at a Glance: The practitioner evaluates all pre-sale advertisements, brochures, emails, and oral representations made by the seller. The practitioner drafts the Disputes Tribunal claim incorporating both the CGA quality failures and the FTA misrepresentations. The claim calculates the specific distress-based damages, which are not recoverable under the CGA alone. The practitioner compiles evidence of stress and worry, such as medical records or personal diaries, to support the claim at the hearing.
Key Legislation and Case Law: Fair Trading Act 1986 - s 9 (misleading and deceptive conduct); s 13 (false or misleading representations); s 43 (remedies, including compensation for loss or damage). Key cases: [Smythe v Bayleys Real Estate [1993] 2 NZLR 290](https://www.justice.govt.nz/) (establishing that loss or damage under section 43 includes emotional distress and worry); [Blowham v Robinson [2004] NZHC 789](https://www.courtsofnz.govt.nz/) (confirming distress damages for misleading pre-sale conduct).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the New Zealand Consumer Guarantees Act Claim (Applicant) - Parallel Fair Trading Act Misrepresentation Claim matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for CIVIL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Statutory basis: Section 9 and Section 13 of the Fair Trading Act 1986.
Serve pre-action notice alleging FTA violations.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Draft and plead parallel FTA claims in Form 1.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Case law authority: Smythe v Bayleys Real Estate [1993] 2 NZLR 290 and Blowham v Robinson [2004] NZHC 789 establish that 'loss or damage' under Section 43 of the Fair Trading Act 1986 includes compensation for emotional distress, stress, and disappointment.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
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