Search Results

1. KI & XI v T Ltd [2024] NZDT 434 (1 May 2024) [pdf, 228 KB]

   ...secure? e) If so, did the misrepresentation induce KI to enter into the self storage licence agreement? f) What remedy are XI and KI entitled to? 4. In filing their claim XI and KI have raised provisions in the Consumer Guarantees Act 1993 (CGA). Does T Ltd have any liability for the damage to the furniture under the terms of the contract? CI0301_CIV_DCDT_Order Page 2 of 5 5. The terms of the written contract entered into by the parties include that except to the ext...

2. ER v UI Ltd [2017] NZDT 998 (16 February 2017) [pdf, 130 KB]

   ...percent It further states “A student withdrawing after eight days will not be entitled to a refund, unless exceptional circumstances are proven”. Of course, this is a contractual term and the provisions of the Consumer Guarantees Act 1993 (CGA) are also relevant, beyond that contractual 8-day period. [3] Mr ER claims that exceptional circumstances exist in that he was not able to understand his lecturer’s English due to a strong accent, that his teaching style was not easy to...

3. HC v T Ltd [2022] NZDT 214 (14 November 2022) [pdf, 106 KB]

   ...entitled to? 5. T Ltd did not attend the hearing and the hearing proceeded without it pursuant to section 42 of the Disputes Tribunal Act 1988. Is the Smartwatch of an acceptable quality? 6. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides a guarantee that goods will be of an acceptable quality. Section 7 of the CGA provides that goods are of an acceptable quality if they are fit for all the purposes for which goods of that type are commonly supplied, acceptable in a...

4. EG v WN Ltd [2017] NZDT 1423 (8 December 2017) [pdf, 187 KB]

   ...to be resolved are: (a) was the quoted price for the transportation of all goods, or limited to one 20” container? (b) If the quote was only for one container, has the company breached any duty of care owed under the Consumer Guarantees Act 1993 (CGA) in the manner in which it supplied its services? (c) If so, what loss can be recovered? Was the quoted price for the transportation of all goods, or limited to one 20” container? 6. I find that the quoted price in the contract was...

5. NU v KD Ltd & QJ Ltd & GE Ltd [2021] NZDT 1550 (9 September 2021) [pdf, 194 KB]

   ...damages from KD? c. Are QJ and GE liable to pay NU damages? Is NU entitled to reject the car and receive a refund from KD? 4. I find that NU is not entitled to reject the car and receive a refund from KD. 5. The Consumer Guarantees Act 1993 (CGA) provides that goods supplied to a consumer must be of acceptable quality (section 6). Where goods are not of acceptable quality and the defect is substantial or cannot be repaired a consumer is entitled to reject the goods and receive a r...

6. FQ v T Ltd [2022] NZDT 248 (24 November 2022) [pdf, 103 KB]

   ...the original delivery of the caravan and then its subsequent return to T Ltd in [City 1]. 3. The issues I need to decide are: a) Has T Ltd failed to comply with the guarantee for the supply of goods under the Consumer Guarantees Act 1993 (CGA) that the caravan was of acceptable quality? CI0301_CIV_DCDT_Order Page 2 of 4 b) Is FQ entitled to be paid by T Ltd for the transport costs of the original delivery of the caravan and then its subsequent return to [City 1]? Ha...

7. BD and NQ v R Co Ltd [2021] NZDT 1354 (12 February 2021) [pdf, 169 KB]

   ...skill? • Was RCL responsible for the late settlement (after 4pm) and if so, what remedy is available to NQ? • Were any actual losses relating to delay moving into the property reasonably foreseeable as likely to result from any failure of CGA guarantee? • Is NQ liable to pay for RCL’s post-settlement attendance to further property matters at a cost of $700? • Can either party claim costs of preparing for and attending the Tribunal? Was RCL’s advice wit...

8. LG v OE [2023] NZDT 48 (30 January 2023) [pdf, 199 KB]

   ...remedied within a reasonable time? c. If the failure was not remedied, can LG reject the spa pool and obtain a refund? CI0301_CIV_DCDT_Order Page 2 of 4 Was the spa pool of acceptable quality? 7. The Consumer Guarantees Act 1993 (“CGA”) applies when goods are supplied to a consumer in trade. I am satisfied that OE was “in trade” for the purposes of the CGA as LG described him as undertaking a business of buying old spa pools, doing them up, and selling them on. She...

9. TB v DF Ltd [2020] NZDT 1370 (9 October 2020) [pdf, 227 KB]

   ...SB and accordingly DF Ltd would be liable for any breach under that contract. Was there a breach of contract? 7. Although TB is bound by the contract between the parties there is overriding protection under the Consumer Guarantees Act 1993 (CGA) regardless of what the contract says. In fact, the contract acknowledges this. It says in clause 1.4: Nothing in these policies is intended to limit or exclude U’s liability, or the liability of a Presenter, under applicable consumer la...

10. IE v X Ltd [2024] NZDT 587 (12 August 2024) [pdf, 262 KB]

    ...for IE’s father, NE, not for IE himself. Nonetheless, X Ltd owed a duty of care to IE to provide an accurate and competent EPA service. This duty arises under both common law principles of negligence and under the Consumer Guarantees Act 1993 (CGA). As any loss in this case was purely economic and did not involve damage to property, the Tribunal does not have jurisdiction to consider this claim as a cause of action in negligence (s10(1)(c) Disputes Tribunal Act 1988). However, t...