Search Results

1. AJ v IO Ltd & TF Ltd [2021] NZDT 1692 (10 December 2021) [pdf, 126 KB]

   ...IO Ltd made any offer of compensation. This was after some months of problems and by that time AJ wanted the matter resolved by the Disputes Tribunal. He filed a claim against both IO Ltd and TF Ltd. 2. This is a claim for a remedies under the Consumer Guarantees Act 1993 for breach of the guarantee of acceptable quality, including a refund, consequential financial losses and consequential emotional harm. AJ claimed $30,000.00 to be paid equally by the Respondents. 3. The issues...

2. GC v DM & PO Ltd [2022] NZDT 64 (7 June 2022) [pdf, 99 KB]

   ...courts have held that a consumer who opts for a refund is entitled to a full refund without any deduction for the period of use before rejection. 16. The consumer is also entitled under s 18(4) of the CGA to recover damages for reasonably foreseeable consequential losses. However, the consumer did not provide evidence to support his claim that the malfunctioning motor caused damage to his dinghy, so has not proven any consequential losses. 17. The sum payable is therefore $404.00....

3. BH v YH Ltd [2015] NZDT 757 (24 April 2015) [pdf, 72 KB]

   ...2013. A fault developed in about March 2014. In September 2014, BH emailed a Warranty Claim to YH Limited. YH Limited asked for the bike to be sent to its base in Christchurch for examination and repair. BH advised YH Limited that under the Consumer Guarantees Act he was not liable to pay the freight. There was a stand-off between BH and YH Limited as to who should pay for the freight to return the bike that lasted some time. On 3 November 2014 BH sent a letter to YH Limited ad...

4. DK v VP Ltd & VPV [2016] NZDT 944 (6 April 2016) [pdf, 86 KB]

   ...employed by VP Limited and did not attend the hearing. DK did not attend the hearing either, having attended the original hearing, prior to the rehearing being granted. This order is made in the absence of both these parties. Issues [4] Is DK a consumer for the purposes of the Consumer Guarantees Act 1993 (CGA)? [5] Do VP Limited's terms and conditions exclude their liability for this type of damage? [6] Has VP Limited provided parking services to DK with reasonable care and...

5. RL Ltd v ZL [2019] NZDT 1520 (5 September 2019) [pdf, 160 KB]

   ...benchtop. 2. RL now claims $1,750.00 from ZL. 3. The issues to be determined are: a) Did the benchtop correspond with its description? b) What sum, if any, must ZL pay to RL? Did the benchtop correspond with its description? 4. Under s 9 of the Consumer Guarantees Act 1993 (CGA), where goods are supplied by description to a consumer, there is a guarantee that the goods correspond with the description. ZL said that he asked for a top-mounted basin and for the tap to be on the bench...

6. FF v TU and TUU [2016] NZDT 1035 (21 September 2016) [pdf, 145 KB]

   ...serviced the vehicle. Issues The issues to be determined are: Did the transmission fail due to an inherent defect or due to some other cause? Was the Jeep of acceptable quality and, in particular, was it sufficiently durable under the Consumer Guarantees Act 1993? Do any of the parties qualify as the “manufacturer” of the vehicle? Is FF entitled to recover damages from any of the parties, and if so, how much? Did the transmission fail due to an inhere...

7. KN & PN v V Inc [2023] NZDT 354 (11 August 2023) [pdf, 93 KB]

   ...Court [2023] NZDT 354 APPLICANT KN and PN RESPONDENT V Inc The Tribunal orders: V Inc is to pay the sum of $2,898.92 to KN and PN on or before Friday 25 August 2023. Reasons: 1. On 29 August 2022, KN and PN (the consumers) paid $1,818.48 for two one-way tickets on V Inc from [NZ city] to [International city A] departing 13 November and arriving in [International city A] on 13 November. 2. The flight was initially delayed for several hours until later...

8. What claims you can make

   ...from a private seller and want to dispute the sale – you’ll need to go through the Disputes Tribunal.Disputes Tribunal You can make a claim with the Motor Vehicle Disputes Tribunal if you think a motor vehicle dealer has breached 1 of these Acts: Consumer Guarantees Act Fair Trading Act The tribunal can deal with disputes of amounts up to $100,000. It can be more if both parties agree in writing. You can also claim for the remedies (such as repairs) available under the Act that relate to...

   Located in:

   1. Tribunals >
   2. Motor vehicle dealer disputes

9. MT v CE Ltd [2022] NZDT 141 (15 August 2022) [pdf, 95 KB]

   ...for a refund of the installation costs, plus reimbursement for the set up costs charged by her new provider. 3. The issues to be determined are as follows: a. Was the service fit for purpose? b. If not, what remedy is MT entitled to under the Consumer Guarantees Act 1993? Was the service fit for purpose? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 29 of the CGA provide a guarantee that services w...

10. XQ v T Ltd [2022] NZDT 85 (8 February 2022) [pdf, 214 KB]

    ...some of his own time in preparing for the hearing. 2. This is a claim for consequential losses and costs incurred in the amount of $187.61 as a result of the supply of an alleged faulty item. 3. The issues were as follows: a. Does the Consumer Guarantees Act 1993 (CGA) apply? b. If yes, has there been a breach of the guarantee of acceptable quality in the CGA? c. If so, what remedies are available, including consequential losses? d. If the answer to question 1 is no, then has...