Search Results

1. ACC and ACD v ZYA [2013] NZDT 111 (18 March 2013) [pdf, 46 KB]

   ...and ACD are entitled to have the work carried out by another tradesman at ZYA’s expense; (ii) If so, what compensation should be paid by ZYA? Law [3] The relevant law is the law of contract and the Consumer Guarantees Act 1993 (the CGA). Decision [4] I find that ACC and ACD are entitled to have the remedial work carried out by another tradesman at ZYA’s expense. [5] ACC and ACD have presented evidence in the form of photos of the work completed by ZYA. Th...

2. KD v N Ltd & HX [2023] NZDT 424 (3 July 2023) [pdf, 280 KB]

   ...covered under X Ltd’s policy. d. Whether KD lost his opportunity to remediate the bike. Consideration of the issues Did N Ltd fail to complete the work on KD’s bike within a reasonable time? 11. Under the Consumer Guarantees Act 1993 (CGA) there is a guarantee that service will be completed within a reasonable time where the time of completion cannot be determined by reference to the contract or course of dealings (s30 of the CGA). 12. Consumers are also entitled to...

3. AAZ and ABA v ZZE and ZZD [2013] NZDT 29 (25 Febuary 2013) [pdf, 112 KB]

   IN THE DISPUTES TRIBUNAL [2013] NZDT 29 BETWEEN AAZ FIRST APPLICANT AND ABA SECOND APPLICANT AND ZZE FIRST RESPONDENT AND ZZD LTD SECOND RESPONDENT Date of Order: 25 February 2013 Referee: Referee Blake ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed. Facts [1] On 6 August 2012, AAZ and ABA visited BC in [a place]. ABA viewed several pieces,

4. CP Ltd v ES [2022] NZDT 193 (20 September 2022) [pdf, 225 KB]

   ...inspecting the cabin, ES would always have had the protection of the Consumer Guarantees Act if she had discovered problems with the cabin after installation, and on a practical level a supplier is usually more willing to fulfil their obligations under the CGA if they have been paid (even though the obligations apply regardless of payment). Was CP Ltd entitled to remove the doors and windows and take them away from site? 9. While I agree with CP Ltd’s position that ES should have m...

5. QC v OC [2023] NZDT 59 (21 February 2023) [pdf, 167 KB]

   ...Contract and Commercial Law Act 2017, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 all rely on QC having made a false statement or representation about B’s [feature] and/or whether she was ‘show quality’, or, in the case of the CGA her ‘fitness for a purpose made known to him’ (because there would only have been a failure of the guarantee of acceptable quality if it were established that being show quality was a requirement Mrs Bott had communicated to QC). A...

6. TQ & BC v B Transport [2023] NZDT 441 (30 August 2023) [pdf, 182 KB]

   ...whether he would be able to park in the carpark and therefore no contract had been formed at that time and no terms and conditions agreed to. 7. In any event, as TQ points out, it is not possible to contract out of the Consumer Guarantees Act (‘CGA’) guarantee to provide a service with reasonable care and skill. B Transport is a ‘supplier’ for the purposes of the CGA with respect to its carpark operations because it is deemed to be ‘in trade’ in that situation (it is not �...

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

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1692 APPLICANT AJ RESPONDENT IO Ltd SECOND RESPONDENT TF Ltd The Tribunal orders: A. IO Ltd is to pay AJ $2,019.00 on or before 24 December 2021. B. TF Ltd is to pay AJ $250.00 on or before 24 December 2021. Reasons 1. In about March 2021 AJ purchased a washing machine from IO Ltd, operated by the I

8. DD & UD v AX & Ors [2024] NZDT 187 (26 March 2024) [pdf, 212 KB]

   ...car]? • Are UD/DD liable to pay costs of repair to the [courtesy car]? • Is the $2000.00 deposit initially paid to N Ltd refundable? Was the [Vehicle 2] sold to DD and UD of acceptable quality? 11. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers that goods will be of acceptable quality, the relevant aspects of the meaning of acceptable quality in this case being that the car is as free of minor defects and as durable "as a reason...

9. ST Ltd v FS [2023] NZDT 543 (31 October 2023) [pdf, 203 KB]

   ...that there was a further breach of contract and in my findings below. Were ST Ltd’s concreting services carried out with reasonable care and skill and is the product of the service fit for purpose? 15. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable CI0301_CIV_DCDT_Order Page 3 of 5 care and skill and that the product resulting fr...

10. AM v JO Ltd & Ors [2024] NZDT 496 (4 June 2024) [pdf, 206 KB]

    ...as well as a professional one. Did MA or JO Ltd provide job seeking services with reasonable care and skill? CI0301_CIV_DCDT_Order Page 3 of 5 19. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (“CGA”) states that there is a guarantee that the service will be carried out with reasonable care and skill. 20. AM said there was a failure in this case because BM interviewed for a job at a restaurant that was recommended by JO Ltd. Ho...