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.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | ||||
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 Ltd (1993) 5 TCLR 454 (cited for general damages for distress and anxiety in Fair Trading Act claims); Bloxham v Robinson (1996) 7 TCLR 122 (CA) (the restrictive approach to distress damages for breach of contract).
* 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 Litigation cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
matter.matterNumber| text |
| Required |
inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Audit pre-sale representations for misleading conduct.
Serve pre-action notice alleging FTA violations.
Draft and plead parallel FTA claims in the claim form.
Coach client on arguing misrepresentation and distress damages.
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