On airport transfers, airing arguments, and astonishing outcomes: part 1.

CL and HG were in a relationship for 6 and a half years.¹

One day, CL arranged to attend a concert with some friends. HG agreed to take her to the airport, stay at her house while she was away, and look after her 2 dogs.

But HG did not turn up at her house.

CL missed her flight, and had to incur costs to travel the following next day, take a shuttle to the airport, and put her dogs in a kennel.

CL must have been very annoyed.

So what did CL do next?

Why, she sued HG, of course.

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CL brought a claim against HG in the Disputes Tribunal of New Zealand, which is the equivalent of the Small Claims Tribunal in New Zealand.²

But HG did not turn up at the hearing.³

HG was aware that even if he did not turn up, a decision would be made based on the evidence provided. The tribunal referee even phoned HG, but HG did not answer.

A slam dunk for CL, then?

Not quite.

CL's claim was dismissed, even without HG saying a word in his own defence.

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The tribunal referee held that HG's promise to take CL to the airport was not an enforceable contract:

"6. For an agreement to be enforceable there needs to be an intention to create a legally binding relationship. Partners, friends and colleagues make social arrangements, but it is unlikely they can be legally enforced unless the parties perform some act that demonstrates an intention that they will be bound by their promises.

7. When friends fail to keep their promises, the other person may suffer a financial consequence but it may be that they cannot be compensated for that loss. There are many examples of friends who have let their friend down, however, the courts have maintained that it is a non-recoverable loss unless the promise went beyond being a favour between friends and become a promise that they intend to be bound by."

In this case, the tribunal referee held that the promises were exchanged as a normal give and take in an intimate relationship, and that the promise fell short of an enforceable contract.

CL therefore did not succeed in her claim.

And, of course, CL and HG are no longer together.

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In part 2, I'll share some learning points for savvy businesspeople.⁴