A man who loaned his former partner money to buy a boat, and then spent money fixing it, asked for it back when the relationship hit stormy seas. Photo / 123RF
A man loaned his girlfriend $6000 so she could buy a boat and paid almost the equivalent on making it seaworthy - but when the brief relationship ended he wanted all of the money back.
The pair – whose names are suppressed, were in a short-term relationship in 2021, during which the woman bought a boat and the man agreed to provide her with a $6000 loan.
They verbally agreed that the loan would be repaid when the woman finished tertiary studies.
When the relationship ended the man then lodged a claim with the Disputes Tribunal seeking $11,811 he said was owed to him by his ex.
He argued the money was loaned for purchases and services on the boat, made on the woman’s behalf.
The man submitted a spreadsheet of costs and expenses made over a period of time with receipts to support the amount claimed, but the list of items for which repayment was sought was not agreed to by the woman.
She said that some of the items on the list were things she had paid for while other items were gifts given to her by the man.
She also said that while the parties were in a relationship the man had paid for items for her boat at his own volition.
“In her view, this did not make up a contract or a loan,” tribunal referee Sheryl Connell said.
He also sought to have ownership of the boat transferred to him because the purchase costs of the boat had not been paid.
Simply put, he claimed the boat should belong to him as he paid for it, the tribunal said.
However, the woman said she had paid back the $6310 loan for the purchase.
Connell said the terms of a contract defined the rights and obligations of the parties and a breach arose when one party failed to fulfil their obligations under the contract.
In order to succeed in such a claim an applicant had to prove that a term of the contract has been broken and that there was financial loss suffered as a result of that breach.
Connell said that based on the date when the loan was repaid February 2022, the boat therefore belonged to the woman.
“There has been no evidence provided to substantiate the proposition that the boat should belong to any other person.”
Connell found there was no contract or loan arrangement between the parties that meant the woman owed the man any expenses he said were owed to him.
“In order for any loan or contract to be established there needs to be a written contract with terms and conditions. Neither has been presented to the tribunal,” Connell said in dismissing the claim.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
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