Search Results

1. EW v KR & K Ltd [2024] NZDT 319 (29 April 2024) [pdf, 91 KB]

   ...cannot be repaired and KR has declined EW’s request for a refund. 3. KR said that the Inverter came with a one-year warranty and that had expired and so EW should not be entitled to a refund however Section 6 of the Consumer Guarantees Act 1993 (CGA), provides that goods supplied to consumers come with a guarantee of acceptable quality. The meaning of ‘acceptable quality’ includes being durable and fit for purpose (see section 7) CGA. EW claims that the Inverter was not fit for...

2. BE v B Ltd [2024] NZDT 364 (30 May 2024) [pdf, 168 KB]

   ...reasonable care and skill and ensure plans were fit for purpose (s28, 29 Consumer Guarantees Act 1993). 4. The Company accepted this. Given the layout of the site, it was also established that there was no value in the work that had been done (s39 CGA). 5. Consequently, the applicant is entitled to a refund of the fees paid, plus the consequential costs of the engineering fees (s32 CGA). 6. An order has been made accordingly. Referee: J Robertshawe Date: 30...

3. What claims you can make

   The Motor Vehicle Disputes Tribunal is for people who have bought a vehicle from a registered trader or from a trader that meets the criteria for registration but is not registered. A trader is someone who sells a motor vehicle. The definition of a trader is in s7 of the Motor Vehicle Sales Act 2003: Definition of a motor vehicle trader A motor vehicle is defined in s6 of the Motor Vehicle Sales Act 2003 (click on link and scroll down to 'motor vehicle'): Definition of a motor vehicle Please not

   Located in:

   1. Tribunals >
   2. Motor Vehicle Disputes Tribunal

4. RC v LUD Group Ltd [2021] NZDT 1380 (20 April 2021) [pdf, 215 KB]

   ...consider whether this caused a loss to RC. Conclusion 28. For completeness I note that during the first hearing on 23rd February 2021 RC had indicated that he wished to make a claim against LUD for breach of the Consumer Guarantees Act 1993 (CGA 1993). During the hearing on 16th April 2021 RC withdrew this claim. In its submission sent to the Tribunal on 5th April 2021 LUD stated that it thought that RC’s CGA claim was frivolous as that it did not address in any way the matter at...

5. SC v QS [2022] NZDT 68 (3 May 2022) [pdf, 485 KB]

   ...between the principal and the third party. However, an agent in trade who acts for a principal who is not in trade in the supply of goods or services may be personally liable for the obligations imposed on suppliers by the Consumer Guarantees Act 1993 (CGA) (under the definition of supplier at (b)(iv), s 2). 10. Therefore, the facts of the authority between DC and QS are relevant to the claim against QS. 11. QS says: a) He is a friend of DC and has been for many decades; b) D...

6. MH & QH v I Ltd [2023] NZDT 597 (2 November 2023) [pdf, 208 KB]

   ...confirm that I have read those submissions and evidence and taken them into account before making any decision. Is the pergola fit for purpose? 10. The installation of the pergolas is covered by the warranties in the Consumer Guarantees Act 1993 (CGA). These warranties require the installation of the pergola to be ‘fit for purpose’ and completed with ‘reasonable skill and care.’ These warranties are the same as those in s362I (1)(b)(i) and (1)(d)(i) of the Building Act 2004....

7. N Ltd v KB [2024] NZDT 101 (26 February 2024) [pdf, 140 KB]

   ...any location change over time, and can change rapidly in some circumstances. c. He highlighted the depth issue when corresponding with KB, and he advised KB to contact the [Regional Council]. 1 Section 28, Consumer Guarantees Act 1993 (“CGA”) 2 Sections 32 and 35-38 CGA 3 Section 32(c) CGA CI0301_CIV_DCDT_Order Page 5 of 7 d. The Harbour Master has the authority to approve or deny moorings. The Harbour Master was satisfied with all aspects of this mooring. e. N...

8. AGM Ltd v ZVJ and ZVI Ltd [2013] NZDT 461 (17 June 2013) [pdf, 64 KB]

   ...rolls of material supplied by GHB Ltd? (v) Was the need for two trips to [a town] the fault of either party? (vi) What is to be paid by whom? Law [5] Both the general law of contract and the provisions of the Consumer Guarantees Act 1993 (CGA) are to be given consideration. [6] Section 28 of the CGA states “where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonable care and skill.” Decision...

9. ABL & ABM v ZYS Ltd [2013] NZDT 59 (16 May 2013) [pdf, 58 KB]

   IN THE DISPUTES TRIBUNAL [2013] NZDT 59 BETWEEN ABL APPLICANT ABM SECOND APPLICANT AND ZYS Ltd RESPONDENT Date of Order: 16 May 2013 Referee: Referee Edwards ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the correct respondent in this matter is ZYS Ltd. LI accepts notice on behalf of the company. LI had originally been nam

10. NC & CC v FU Ltd [2020] NZDT 1389 (28 October 2020) [pdf, 101 KB]

    ...are they durable? • What remedy, if any, is available to NC and CC? Are the products of acceptable quality, specifically are they free from minor defects and are they durable? 5. Sections 6 and 7 of the Consumer Guarantees Act 1993 (‘CGA’) provide a statutory guarantee that goods supplied will be of acceptable quality, the relevant definitions in this case being that the goods will be acceptable in appearance and finish, free from minor defects and durable. 6. CC provi...